I. Historical Background
In 1387 Lithuania was officially proclaimed a Christian State. The Bishop of Vilnius was granted a remarkable amount of land and monasteries and churches benefited from the exemption of their fiscal obligations to the state. In order to establish and to preserve the powerful position of the Catholic Church, the Lithuanian Parliament adopted laws to prohibit the construction of new churches for other denominations.
The 1791 Constitution declared the Catholic faith as predominant. When Russia annexed Lithuania in 1795, a period of oppression began for the Catholic Church.
The Government could intervene in the internal life of the Church. The Church was inter alia forbidden to publish religious literature, to appoint bishops and to admit students and believers into the Church.
After the uprising of 1863, the suppression became even more profound. Public processions were forbidden, property and lands were confiscated and Catholic publications and sermons were censored. It was even forbidden to teach religious subjects in school. When Lithuania regained independency in 1918, the relationship between State and Church changed. With the 1922 Constitution, religious communities regained the right to administrate their own affairs and to perform charitable, educational and cultural work. Religious communities were also considered legal personalities.
However, the 1938 Constitution set a limit to the rights of religious communities. Public activities were restricted again as well as the administration of internal affairs.
An essential change took place in 1940, after the Soviet occupation. Priests and believers were persecuted and deported and church property was nationalised.
When Lithuania regained independence in 1990, a new period in State and Church relations began. Diplomatic relations between the Holy See and the Republic of Lithuania were re-established. Furthermore the Act of Restitution of the Catholic Church’s Status recognised the right of the Church to deal with internal affairs, it guaranteed the right to carry out educational activities and it established the co-operation between State and Church on the basis of parity. This Act never had the force of law but it expresses the attitude of the State towards the Church. However, this Act dealt solely with the Catholic Church.
II. Religious affiliation today
Most inhabitants, about 79 %, belong to the Roman Catholic Church. So according to the statistical data, Lithuania is an overwhelmingly Roman Catholic country. Although most of them are not regular worshippers, Lithuanian Catholics are strongly committed to the ceremonies of the Catholic Church. Furthermore, 4 % of the Lithuanian population are Russian Orthodox, 0.8 % are Old Believers and about 0.56 % (almost 20,000 Lithuanians) belong to the Evangelical Lutheran Church. In addition there are about 0.2 % Evangelical Reformed and about 0.5 % are members or followers of other religious groups, e.g. Jehovah’s Witnesses, Adventists or Muslims. About 10 % of the population stated in the 2001 census, that they have no particular religion.
III. Basic Categories of the System
The most important principles to describe the relationship between State and Church in Lithuania are separation and neutrality. The principle of separation implements, that State activities are based on the concept of secularity and that both State and Church deal with their own affairs. Neutrality means that the State guarantees tolerance towards various religious world views and forbids any kind of discrimination against believers.
IV. Cultural and societal exercise of functions
There are two major principles governing education in Lithuania. Firstly State and local government establishments for teaching and education must be secular and secondly local government establishments must offer classes in religious instruction upon request of the parents. However, only the religion of traditional communities may be subject of the curriculum of educational institutions of the State. Attendance depends one the parents´ or guardians decision up to the age of 15 years. For non-believers classes in ethics are offered. Teachers of religious instruction are authorised by traditional religious communities and associations. They are required to have a teaching qualification and they are paid by the State.
Religious communities have the right to establish comprehensive schools and training institutions for the clergy and teachers of religious instructions.
According to the Law on National Radio and Television, National Radio and Television has to provide air-time for all state-recognised religious communities to broadcast religious programmes.
V. Legal foundations
The Constitution guarantees the individual the freedom of religion, including the freedom of worship, practise and teaching, as long as the Constitution and the general law are respected (Art 25 and 26). Art 43 determines that religious communities can function freely according to their canons and statutes and have the right to freely proclaim the teaching of their faith, perform rituals and have houses of prayer and educational institutions. Religious communities may apply for state recognition before the Parliament not less than 25 years from their initial registration in Lithuania. State-recognised communities enjoy legal personality by the Constitution, non-traditional religious communities and religious associations need to get registered in the legal persons´ Register in order to acquire legal personality.
Other sources concerning religious communities include the LRCA, the Civil Code and many other laws and agreements.