Do Religion Clauses in Constitutions Predict Government-Based Discrimination against Religious Minorities?

Abstract

This study examines whether religion clauses in countries’ constitutions predict levels of government-based discrimination (GRD) against religious minorities. Using the Religion and State (RAS) and Religion and State-Constitutions (RAS-Constitutions) datasets, I find that clauses declaring official religion, separation of religion and state (SRAS), and religious freedom have no significant influence on GRD. In fact, 152 of 154 types of religion clauses found in constitutions measured by the RAS-Constitutions dataset do not significantly predict GRD. However, constitutional clauses banning religious hate speech and protecting the right to not be religious are associated with higher levels of GRD. I theorize that these causes likely represent an anti-religious form of secularism, which can be hostile to religious minorities.