Mexican Law of Religion at 28 Years of the Constitutional Reform on Religious Matters

Abstract

In the framework of the centenary of the promulgation of the Political Constitution of the United Mexican States (1917), the current directions of Mexican Law of Religion are addressed. The starting point is the constitutional reform of January 28, 1992, to Articles 3, 5, 24, 27, and 130, which are the basis for the development of a Law of Religion in a positive sense. This reform contains the principles that guarantee the freedom of religion in Mexico: separation between State and churches and Laicity of State. “Mexican Law of Religion” means the totality of state legal norms that include the religious factor linked to individual, corporate, and collective religious needs and interests under the fundamental principles of religious freedom, secularism (laicity), and separation of the State and religious communities. In this sense, the holders of the religious factor are not only the individual person and the religious communities or religious associations but also the indigenous peoples. For the analysis, I will focus my remarks on some fundamental topics: the amendments to Articles 24 and 40 of the Political Constitution and the New Constitution of Mexico City; development and legal protection of the dimensions of religious freedom; management of religious diversity as public policy and recent cases, such as the Native American Church case and the Blood Transfusion case, since these illustrate the Supreme Court’s readiness to protect the right of religious freedom. One of the most difficult issues to resolve with respect to the register of religious associations has been how to define “notorio arraigo.” The Basic Law strives to protect religious freedom and to establish a society tolerant of religious difference. Furthermore, increased protection of religious minorities may signal a change in Mexican cultural perceptions of religious minorities.