Article 75 of the Constitution of Costa Rica

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The article 75 of the Constitution of Costa Rica establishes Catholicism as the country's state religion making Costa Rica the only state in the Americas to do so. [note 1] Current debate about the issue and the passing toward a full secular state are in the public and political debate. This article is also the only one in the Title VI, only chapter of the Constitution dealing with religion. [3]

Contents

Text of the article

La Religión Católica, Apostólica, Romana, es la del Estado, el cual contribuye a su mantenimiento, sin impedir el libre ejercicio en la República de otros cultos que no se opongan a la moral universal ni a las buenas costumbres.

English translation according to the site CostaRicanLaw.com: [3]

The Roman Catholic and Apostolic Religion is the religion of the State, which contributes to its maintenance, without preventing the free exercise in the Republic of other forms of worship that are not opposed to universal morality or good customs.

Controversy

Like other issues as same-sex marriage, marijuana legalization, in vitro fertilization and abortion, church-state separation is an issue that often splits conservative and progressive voters in Costa Rica. [4]

Costa Rica like many Latin American countries has three main religious communities; Catholics (52%), Evangelical Christians (22%) and non-religious including agnostics and atheists (17%). [5] Whilst Catholics are split on the issue, most non-religious citizens support the secular state whilst more Evangelical Christians oppose it (despite the fact that Evangelism is not the official religion and would not be affected for the measure), mostly because they see it as a gradual transition toward state atheism. [4]

The National Liberation Party, [6] Citizens' Action Party [7] and Broad Front [8] support church-state separation whilst the Social Christian Republican Party, [9] Costa Rican Renewal Party, [10] National Restoration Party [11] and New Republic Party [11] oppose it.

There is a constitutional reform bill under discussion in the Legislative Assembly in parliamentary committees, [12] [13] however as the Evangelical caucuses oppose it its advance have been null. [14]

Public opinion

In 2011, 41% of Costa Ricans were in favor of eliminating article 75 of the Constitution according to a Unimer poll. [15] A National University survey of 2014 showed only 25% of support for such reform. [16] A survey made by the University of Costa Rica in 2017 found the same results; 25% support. [17]

A sociological study made between 2013 and 2014 showed that most practicing Catholics support a secular state as they consider that the economic bond between church and state functions as a "gag" on the Church and support the separation of church and state, a position also held by most non-practicing Catholics. [18] Non-religious people vastly support secularism and argue that no church should receive state funding. [18]

Neo-Pentecostals on the other hand fiercely oppose laicism as they see the secular state as state atheism, and consider that the current status of a confessional state also protects the Evangelical Churches. [18] Historical Protestants on the other hand tend to understand better the difference between secularism and atheism and some support the secular state. [18] However, a large number of these non-Neo-Pentecostal Protestants argue that all churches should receive state funding and that Costa Rica's official religion should be Christianity and not Catholicism in particular. [18]

Finally, religious minorities such as Muslims, Baháʼís, Zen, Tibetan and Nichiren Buddhists, Taoists, New Agers, and Hindus overwhelmingly support a secular state and laicism, and consider that no religion should receive state funding. [18]

Notes

  1. Article 2 of the Constitution of Argentina explicitly states that the government supports the Roman Catholic Apostolic Faith, [1] but its not the state religion. [2]

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References

  1. "Argentina's Constitution of 1853, Reinstated in 1983, with Amendments through 1994" (PDF). constituteproject.org.
  2. Fallo “Castillo, Carina Viviana y otros c/ Provincia de Salta - Ministerio de Educación de la Prov. de Salta”
  3. 1 2 "Costa Rica Constitution in English". CostaRicanLaw.com. Retrieved 29 March 2019.
  4. 1 2 Murillo, Álvaro; Rodríguez, Frank (24 January 2018). "Shock religioso impacta apoyo a candidatos". CIEP (UCR). Archived from the original on 26 January 2018. Retrieved 25 January 2018.
  5. Murillo, Alvaro (6 March 2018). "Ahora solo la mitad de los ticos se declara católica". Semanario Universidad. Retrieved 2 January 2019.
  6. "Café Política: Candidato Antonio Álvarez Desanti". Telenoticias. 25 January 2018. Retrieved 25 January 2018.
  7. "Café Política: Candidato Carlos Alvarado Quesada". Telenoticias. 19 January 2018. Retrieved 24 January 2018.
  8. "Café Política: Candidato Edgardo Araya Sibaja". Telenoticias. 17 January 2018. Retrieved 24 January 2018.
  9. "Café política: Rodolfo Hernández, Partido Republicano Socialcristiano". Telenoticias. 16 January 2018. Retrieved 24 January 2018.
  10. "Conozca a la candidata Stephanie Campos". Telenoticias. Archived from the original on 3 February 2018. Retrieved 2 February 2018.
  11. 1 2 "Café Política: Candidato Fabricio Alvarado Muñoz". Telenoticias. 23 January 2018. Retrieved 24 January 2018.
  12. Chacón, Vinicio (21 April 2016). "Costa Rica avanza hacia el Estado laico". Amelia Rueda. Archived from the original on 29 March 2019. Retrieved 29 March 2019.
  13. Cascante, Fernando. "Seis puntos para entender el proyecto de Estado laico en Costa Rica". La República. Retrieved 29 March 2019.
  14. Arrieta, Esteban (4 July 2018). "Estado laico no será prioridad para Carlos Alvarado". La República. Retrieved 29 March 2019.
  15. "41% de costarricenses apoya un Estado sin religión oficial". La Nación. 9 October 2011. Retrieved 29 March 2019.
  16. "Un 25% de los ticos apoya el Estado laico, revela estudio de UNA". Amelia Rueda. 25 August 2014. Retrieved 29 March 2019.
  17. Alvarado, Jose (19 January 2017). "Ticos en contra de la marihuana, la diversidad y el estado laico". CRHoy. Retrieved 29 March 2019.
  18. 1 2 3 4 5 6 Fuentes Belgrave, Laura (2013–2014). "¿Un menú de creencias a fuego lento?: Acercamiento sociológico a la religión en Costa Rica". Revistas Universidad Nacional. Retrieved 1 April 2019.