Excellencies!
Ladies and Gentlemen!
Distinguished guests!
I
The end of the year, the Advent time, when we decorate Christmas trees and prepare ourselves for the festive season, is a good time for reflection and discussion on the big and often difficult questions in the life of the state and society.
For various reasons, the question of the role of faith and religion in a secular society and the relationship between the state and the church has come up from time to time in our country and in other parts of Europe and the Western world.
In Latvia, too, there have been a number of stirrings on this subject, from assessment of politics and the war in Ukraine expressed in sermons, to the limits of art and creative freedom.
This shows that the time is right to talk about the relationship between state, society and church in a modern, democratic, legal state.
II
I have just concluded my annual meeting with the leaders of the four major traditional denominations - Lutheran, Roman Catholic, Orthodox and Baptist.
It is a regular tradition for us – to meet for a conversation to discuss mutual cooperation and various current issues in public life where the state and the church can work together.
I would like to stress two things today.
First, Latvia has a long ecumenical tradition that is unique in the European cultural space. We have not experienced the brutal wars of faith and irreconcilable inter-confessional conflicts that occurred in other parts of Europe centuries ago for at least 100 to 150 years. The churches in Latvia have been able to coexist amicably and establish a common dialogue with both society and the state.
Second, relations between church and state in Latvia have always been respectful and focused on constructive dialogue and cooperation for the common good of society. The Latvian state has always respected and valued the freedom of thought, conscience and religious belief, which is guaranteed to everyone in a democratic state governed by the rule of law. This is enshrined in our Constitution.
III
In today's lecture I would like to focus on the constitutional foundations of state-church relations trying to show what our Constitution provides for these issues.
The constitution of a modern, democratic, law-governed country belonging to the European cultural space usually defines the relationship between the state, society and the church. This is our constitutional tradition throughout the European area.
If we look at the constitutions of the European democracies, we can find three settlements on these issues almost everywhere.
First, in most European countries, the separation of church and state is constitutionally established.
A secular state is the constitutional framework, in which the church’s dialogue with society and the state takes place in modern society. Even in countries where there is a state church or where the head of state is also the head of the church (for example the UK), such arrangements are in fact more historically traditional and symbolic.
Second, all European countries guarantee freedom of thought, conscience and religious belief in their constitutions. This is also enshrined in our Constitution.
Freedom of religion is an essential, constitutional guarantee of fundamental personal rights that is unique to the Western political and legal tradition. It is also reflected in international documents such as the European Charter of Fundamental Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Third, European countries are aware of the roots of their values in their historical and cultural heritage. They recognise that Christian tradition and the influence of the church have been fundamental in shaping our European worldview and history.
References to this heritage - including that shaped by the Christian religion - are often encoded in the preamble of constitutions. Even Europe's most recent constitution, the Swiss Constitution of 2000, begins with the words "In the name of Almighty God...". The draft European constitution, which was rejected in referendums in France and the Netherlands in 2005, also included a reference to this effect.
IV
As part of a common European constitutional tradition, Constitution of Latvia captures and preserves all three of these characteristics.
The first sentence of Article 99 of the Constitution guarantees freedom of thought, conscience and religious belief for everyone.
The second sentence of Article 99 of the Constitution establishes the separation of church and state.
The preamble to the Constitution refers to the Christian values that determine our belonging to the European cultural space, as well as to the opening words of our national anthem, the Latvian national prayer, "God bless Latvia".
V
The preamble to the Constitution captures Zenta Mauriņa's idea of the two roots of Latvian culture - the Latvian and the Christian.
The Latvian root is denoted as the Latvian way of life. It is a well-known but very capacious concept, which in its essence indicates a specific Latvian perception of the world, traditions, ethical guidelines, which are characteristic of the Latvian nation with its specific historical experience, different from other nations, even though in modern everyday life they are usually difficult to see and not clearly identifiable.
The Christian-European root in the preamble to the Constitution is focused on Christian values, which in the grand scheme of world history have significantly influenced the culture and spiritual identity of Europe and the whole world (of course, also of Latvia and Latvians).
The reference to Christian values as one of the deepest roots of our identity is first of all a statement.
At the same time, by including such a statement in the preamble to the Constitution, these values are recognised and accepted. However, this in no way implies that Latvia would thereby lose its secular character. As stated by the Constitutional Court, the mention to Christian values is not a reference to religion, but to belonging to European or Western civilisation.
Our identity therefore has both national, Latvian roots and European roots, with Christian values being an essential element. Even though European countries are secular today, the presence of Christian values is characteristic of the entire European cultural space. We must not forget this, however distant religion or the church may sometimes seem to us individually.
VI
German legal philosopher and Constitutional Court judge Ernst Wolfgang Beckenförde once said that "a democratic, secular state in Europe rests on values that it cannot itself create and justify".
The idea that a democratic state can no longer create fundamental values by itself, or at least that it would be very difficult to do so, is based on the fact that a pluralistic society - such as we have today - can no longer refer to a common, timeless truth.
The values that sustain a meaningful democratic society are deeply rooted in the European Christian and philosophical tradition. The modern democratic state and the guarantee of human rights would not be possible without the presence of values shaped by the Christian religion in the foundations of our worldview and beliefs.
Modern society is to a large extent objectively based on Christian values, which can be accepted by almost all members of society, whether an individual is a Christian, a member of other faith, an atheist or an agnostic.
The idea that Christian values are universal and European is exemplified in practice by the Polish constitution. Its preamble states: "We, the Polish nation - all citizens of the Republic, both those who believe in God as the source of truth, justice, good and beauty, as well as those not sharing such faith but respecting these universal values as arising from other sources."
The Grand Chamber of the European Court of Human Rights in the case “Lautsi v. Italy” concluded that the crucifix, as a symbol of Christianity, is an integral part of the identity and cultural heritage of Italy and the whole Europe. According to the court, the crucifix is a "passive symbol" that does not affect religious neutrality and is permissible for display in schools.
VII
The second sentence of Article 99 of the Constitution stipulates that the church is separated from the State. The demarcation of this boundary confirms the secular character of the modern democratic state.
Article 99 of the Constitution should not be primitively understood as stipulating that the state should ignore the church, that the state should ignore the eight traditional denominations in Latvia as defined in the Civil Code, that the state should treat the church like any other public organisation or association.
Although Latvia, as a secular state, is religiously neutral and guarantees freedom of religion, it respects the values of society that form our identity. There are many, often warring, truths in society today.
At the same time, however, it is important to realise that the values that were created over many centuries under the spiritual monopoly of the Christian church continue today to serve a secular, modern, democratic state. Therefore, this Christian heritage is also valuable for a modern democratic state. This is precisely what is acknowledged in the preamble to the Constitution.
VIII
The separation of state and church also means that there is no single official religion in the country. Nor does the state judges which spiritual path would be the only right one. Rather than determining the true religion, the state promotes the unity of society in the light of its diversity. The church, on the other hand, is autonomous and not subject to the state.
We also see this in case law. The Senate of the Supreme Court has recognised that the Constitution, while undeniably linking Christian values to the identity of our state (Preamble to the Constitution), at the same time stipulates that the church is separate from the state (Article 99, second sentence).
It also follows from the case law of the European Court of Human Rights that the state has a duty to be neutral and impartial in the exercise of its governmental functions in matters of religion, which in principle prohibits any assessment of the correctness of religious belief or expression.
IX
A modern democratic state should not ignore the church, but rather treat with care its heritage accumulated over the centuries, which it continues to maintain and develop today in the modern era.
The state and the church are independent of each other. However, this independence does not mean mutual closure and isolation, but mutual respect.
One example of this mutual respect is the presence and greetings of the highest officials of the state at various important for churches and members of their respective denominations’ events, such as Christmas, Easter and Aglona festival. This respect is also shown by the church's participation in the ecumenical services during our national holidays - 18 November and 4 May.
The modern church has a duty to be present in the life of society. It can remind everyone of the timeless. It can reconcile our present with a higher truth. The state cannot do this, but the church can - this is also the task of the church. The church's fundamental function in the context of a secular state is to create a dialogue with the state in order to contribute to the realisation of these values in society.
It is perfectly legitimate for the voice and position of the church to be heard in the debate on values in contemporary society. Excluding the church from such discussions is incompatible with the Constitution.
At the same time, it is important to adhere to the fundamental condition that in a democratic society, decisions are taken through debate. Despite the significant number of believers, the church's opinion does not have any exclusive right in these discussions. Nor does any denomination have a pre-established right to correctness and leadership.
The state is not an instrument of the church, just as the church is not an instrument of the state. The role of the state is to provide mechanisms for the common good of the people of Latvia, but the state does not set the standard of faith. Nor does the church have a monopoly in determining the interests of the state.
Unlike in many other European countries, the tradition of inter-confessional relations and mutual respect and dialogue between church and state in Latvia has developed naturally, without sharp conflicts, especially in the already free Latvia.
This tradition of Latvian democracy is very valuable and contemporary. It should be continued.
X
In our Latvian way of life, there is a strong need to celebrate various holidays and anniversaries. We use them as a kind of reference points to evaluate the past and to identify the work still to be done. It is part of our world view – to think of the great and complex values through the prism of anniversaries.
This year, we are especially celebrating the anniversary of our Constitution as one of the oldest European Constitutions in force.
In recent years, our churches have also had important anniversaries, which have been widely celebrated not only by the churches themselves, but also by our entire society.
Last year marked the centenary of the establishment of a fully independent Latvian Orthodox Church, which was confirmed by the Tomos issued by Patriarch Tikhon of Moscow to Archbishop Jānis Pommers.
It is symbolic that this year, on my initiative, we will have legislated the status of the Latvian Orthodox Church, stating precisely that our Orthodox Church is an autocephalous church. It is independent of any other ecclesiastical authority outside Latvia. This is now clearly stated in the law.
During today's conversation, I reassured Metropolitan Alexander that the church he leads can count on the support of the state in strengthening its status as an autocephalous church.
This year also marks the quincentenary of the Reformation in Latvia, when, thanks to the efforts of Andreas Knopken, Riga became the second Protestant pulpit in Europe after Wittenberg. Small oak trees have been planted all over Latvia to commemorate this event, grown from the acorns of the oak trees that were once planted in Alūksne by the translator of the Bible into Latvian, Pastor Ernst Johans Glik.
This year also marks the 100th anniversary of the signing and entry into force of the Concordat with the Holy See. The establishment of relations with the Catholic Church at that time strengthened the unification of Latvia and was particularly important for the Latgalians. The Latvian state also appreciates the good cooperation with the Holy See and its support in consolidating Latvia's independence at that time, in maintaining the idea of Latvia's independence during the occupation (as the Holy See has never de jure recognised the occupation of Latvia), and also in restoring independence.
We have important anniversaries to celebrate together. And these joint anniversaries provide an opportunity for a conversation about the big questions of values: what is today's democratic society, what is the role of church and religion in it, and what should be the dynamics of state-church relations in the future?
I am convinced that today's discussion, as well as the just released special edition of “Jurista Vārds” could contribute to this conversation.
I thank you for participating in this discussion. The church plays an important role in the overall debate of Latvian society about what kind of society we should live in. The church has an important say, especially in the debate on values. And this is our Latvian democratic tradition, which we maintain, nurture and continue.
Thank you very much!
