ABSTRACT

When analyzing the Spanish experiences in religious equality under a strict scrutiny standard, some instances of religious discrimination can be perceived at both levels of the free exercise of religion: individual and collective. The Spanish Constitutional Court has stated on a regular basis that religious freedom encompasses an external dimension of agere licere, which can be exercised with full immunity from coercion, even in situations where the individual is under a state's special subjection. Since 1980, when the Organic Law on Religious Freedom entered into force, Spanish society has undergone major social changes, which have been fostered primarily by the important role played by immigration. Many Spanish commentators have emphasized that limiting direct financing to the Catholic Church is not discriminatory, since other religious denominations with cooperation agreements have rejected this model. Commentators agree that this Registry could not be different from the special Registry of Religious Entities that was created later on by the Organic Law on Religious Freedom.