The Right to Autonomy in Religious Affairs: A Comparative View

Protection of the right of religious communities to autonomy in structuring their religious affairs lies at the very core of protecting religious freedom. One of the fundamental questions a comparative study of religious autonomy faces is whether there is a "common core" of religious activity that has been identified across cultures as deserving attention. This chapter describes three approaches to protection of religious autonomy that have emerged in United States case law: what might be called a free exercise approach, an establishment approach, and an "internal disputes" approach. The right of religious organizations to autonomy in their own affairs is one of the critical features of any regime of religious freedom. The justification for religious autonomy rights extends beyond recognizing the religious rights have a collective dimension that can be protected only through protection of autonomy rights.