Asymmetries, lights, and shadows of the legal situation of religious minorities in Spain

The Spanish Constitution of 1978 recognizes the fundamental right of freedom of conscience and religion, the principle of equality and non-discrimination on religious grounds, and the principle of secularism and neutrality of the state. However, the legislative development of these principles is strongly stratified, and different levels of rights can be distinguished, depending on whether we are speaking about confessions with an agreement (Catholic Church, evangelicals, Jews, and Muslims), those with a mere declaration of well-known roots (Church of Jesus Christ of Latter-day Saints, Jehovah’s Witnesses, Buddhists, Orthodox, and Bahá’ís), and the rest of the confessions merely registered in the Register of Religious Entities (Hinduism, Taoism, Sikhism, Church of Scientology, etc.). Only the Catholic Church has access to the income tax allocation, and only denominations with an agreement enjoy the main tax benefits, or religious teaching in schools. The declaration of notorious rootedness has very limited effects at present (recognition of marriage and the mere expectation of signing a cooperation agreement with the state, provided there is political will to do so). It is, therefore, necessary to opt for a model of common law, which is more neutral and applies equally to all religious groups.