My Constitutional Act with Explanations

Part seven with the Evangelical-Lutheran Church of Denmark (Folkekirken).

Section 66
The Constitution of the Evangelical-Lutheran Church of Denmark is regulated by an Act.

Section 66
This provision goes right back to the first Constitutional Act of 1849, but has never been implemented. The idea then was that the Church should have a more independent role in relation to the State. However, an agreement on a Church Constitution proper has never been arrived at. Instead, Acts have been passed that give members of the Evangelical-Lutheran Church of Denmark influence on the government of the Church via parochial church councils. There are also laws governing the way in which priests are appointed, how bishops are elected, the way in which churches are used, and the finances of the Evangelical-Lutheran Church. However, many matters relating to the Church are decided by the Minister for Ecclesiastical Affairs.

Section 67
Members of the public are entitled to associate in communities to worship God according to their convictions, but nothing may be taught or done that contravenes decency or public order.

Section 67
People are under no obligation to be members of the Evangelical-Lutheran Church of Denmark. They may worship their God as they will. We have religious freedom. People are also entitled to hold divine services or to pray as they will. However, they must observe the rules that apply elsewhere in society, and cannot simply build a church or a mosque, for instance. This must first be approved by the municipality, just like all other building projects. And if people want to hold a procession through town, for instance, they must inform the police in advance. They must also respect the rules that apply in various places.
An instance of this was a man who was expelled from a vocational training centre because he knelt to pray on the floor of the canteen and in the bathroom at the centre. The school forbade him to say his prayers in communal areas. Instead he had to use classrooms, workshops, etc. When he continued to pray in the communal areas of the school, he was expelled. The case was heard in both the High Court and the Supreme Court. And both Courts upheld the decision made by the school. The expulsion was not an expression of discrimination due to the man’s religion.
Religious freedom is not only applicable to Danes. It applies to everyone within the borders of Denmark, including people who are only in the country for a short time.

Section 68
Nobody is under an obligation to make personal contributions to any form of worship other than his or her own.

Section 68
As mentioned in Section 67, people are under no obligation to be members of the Evangelical-Lutheran Church of Denmark. The finances of the Evangelical-Lutheran Church of Denmark are structured in such a way that all members pay what is known as Church tax. This covers the expenses incurred by the Church in connection with holding services and other religious ceremonies. People who are not members of the Evangelical-Lutheran Church of Denmark are exempted from paying Church tax. However, according to Section 4, the State has a duty to “support” the Evangelical-
Lutheran Church of Denmark. Among other things, this means that the State pays some of the expenses of the Evangelical-Lutheran Church of Denmark. This is done via the other taxes and duties received by the State. Therefore, everyone pays a contribution to the Evangelical-Lutheran Church of Denmark, regardless of their faith. This does not conflict with Section 68 of the Constitutional Act. That only means people can avoid making “personal” contributions. And the normal taxes and duties paid by people are not considered personal in this connection.

Section 69
The affairs of religious communities other than the Evangelical-Lutheran Church of Denmark are regulated by an Act.

Section 69
Parliament can pass an Act for other religious communities. This means religious communities outside the Evangelical-Lutheran Church of Denmark. However, this has not happened as yet. Instead a number of rules have been introduced. Priests from certain other religious communities may perform religious ceremonies such as weddings, for instance. These weddings have the same validity as those performed by a priest from the Church of Denmark. But this is on the condition that the State has given permission for priests from the religious community in question to perform wedding ceremonies.

Section 70
Nobody may be deprived of access to the full enjoyment of civil and political rights or evade the fulfilment of any general civic duty on the grounds of his or her profession of faith or descent.

Section 70
This Section is the main provision relating to religious freedom. It establishes that nobody may be discriminated against on account of his or her religion or race. Regardless of race or faith, everyone has the same political and civil rights. The State cannot prohibit Jews or Muslims from becoming teachers or civil servants, for instance. Nor, for instance, can the State prohibit them from voting or becoming a candidate for a political party. On the other hand, citizens also have the same duties in relation to society. Nobody can avoid paying tax or doing military service because he has a different faith.