Nationalism in the Judicialization and Culturalization of Religion: The Case of Religious Education in Greece

Abstract

Religious education (RE) is frequently a topic of intense political debate and a focal point of party politics in the Greek context. This article presents the latest chapter in political contestation over the teaching of religion in Greek public schools, one which entails a new dimension—that of intense judicialization. Since 2015, the issue of religious education in Greek public schools has been the subject of multiple court cases addressed by the Greek high court, the Council of State, with one case addressed by and one case pending before the European Court of Human Rights. Beyond teasing out links between Greek Orthodoxy and nationalism underpinning each of these cases, this article also seeks to locate this example of judicialization of politics and religion in a broader theoretical context. It engages with another phenomenon at play in the Greek case as in many other cases globally, the culturalization of religion. Through the example of the Greek legal battles over religious education, we see how the judicialization of a particular political question on religion (policy on RE) rests on a culturalization of religion, which, in the legal domain, entails a rebranding of ‘religion’ as ‘culture’ so as to protect ‘religion’ from limitations placed on it by expectations of liberal state neutrality. The inherent difficulties in defining religion and culture, both individually and in relation to one another, are fundamental to both the theoretical and the practical, socio-legal challenges arising from such developments.