The regulation of religion in public spaces

Abstract

A number of controversial aspects of the relationship between religion and the state are located in public space. Although burqa bans, the Swiss minaret ban, and duties to display crucifixes on public buildings are different in various ways, it is significant that they all take place in this particular type of location. However, when normative political theorists have addressed these issues, they have rarely paid sufficient attention to their spatial location, and, as a result, their analyses are lacking a vital dimension. This article shows what can go wrong when these normative analyses do not refer to an account of public space. It then indicates what part of a suitable account would look like by sketching four of its essential elements, referred to as the definition, distinctiveness, differentiation, and dynamism of public space. It is argued that normative political theorists should draw on aspects of such an account in order to achieve a more sophisticated understanding of issues concerning religion in public spaces, as well as to reach more securely grounded normative conclusions about them.