Section II. Status of Government Respect for Religious Freedom
The constitution declares the ELC as the country’s established church, which shall receive state support and to which the reigning monarch must belong. The constitution also states individuals shall be free to form congregations to worship according to their beliefs, providing nothing “at variance with good morals or public order shall be taught or done.” It specifies that “rules for religious bodies dissenting from the established Church shall be laid down by statute.” It stipulates no person may be deprived of access to the full enjoyment of civil and political rights because of religious beliefs, and that these beliefs shall not be used to evade compliance with civic duty. It prohibits requiring individuals to make personal financial contributions to religious denominations to which they do not adhere.
The law prohibits hate speech, including religious hate speech, and specifies as penalties a fine (amount unspecified) or a maximum of one year’s imprisonment. If a religious leader disseminates the hate speech, the penalties increase to a fine or a maximum of three years’ imprisonment.
The ELC is the only religious group that receives funding through state grants and voluntary taxes paid through payroll deduction from its members. Members receive a tax credit for their donations to the ELC. Voluntary taxes account for an estimated 86 percent of the ELC’s operating budget; the remaining 14 percent is provided through a combination of voluntary donations by congregants and government grants. Members of other recognized religious communities cannot contribute via payroll deduction but may donate to their own community voluntarily and receive an income tax credit. The ELC and other state-recognized religious communities carry out registration of civil unions, births, and deaths for their members.
The Ministry of Ecclesiastical Affairs is responsible for granting official status to religious groups, besides the ELC, through recognition by royal decree (for groups recognized prior to 1970) or through official registration. The law requires individual congregations within a religious community to formally register with the government to receive tax benefits. According to the Ministry of Ecclesiastical Affairs, there are 448 religious groups and congregations the government officially recognizes or that are affiliated with recognized groups: 338 Christian groups, 66 Muslim, 16 Buddhist, seven Hindu, three Jewish, and 18 other groups and congregations, including the Baha’i Faith, the Alevi Muslim community, and followers of the indigenous Norse belief system Forn Sidr.
Recognized religious groups have the right to perform legal marriage ceremonies, name and baptize children with legal effect, issue legal death certificates, obtain residence permits for foreign clergy, establish cemeteries, and receive tax-deductible financial donations and various value-added tax exemptions. The law allows only religious communities recognized before 1970 to issue birth, baptismal, and marriage certificates. This privilege will expire for all religious communities except the ELC in 2023. Members of other religious communities or individuals unaffiliated with a recognized religious group may have birth and death certificates only issued by the health authority.
Groups not recognized by either royal decree or the government registration process, such as the Church of Scientology, are entitled to engage in religious practices without any kind of public registration. Members of those groups, however, must marry in a civil ceremony in addition to any religious ceremony. Unrecognized religious groups are not granted full tax-exempt status, but contributions by members are tax-deductible.
The law codifies the registration process for religious communities other than the ELC and treats equally those recognized by royal decree and those approved through registration. A religious community must have at least 150 adult members, while a congregation, which the Ministry of Ecclesiastical Affairs considers a group within one of the major world religions (Christianity, Judaism, Hinduism, Buddhism, and Islam), must have at least 50 adult members to be eligible for approval. For congregations located in sparsely populated regions, such as Greenland, the government applies a lower population threshold, varying according to the total population of the region.
Religious groups seeking registration must submit to the Faith Registry in the Ministry of Ecclesiastical Affairs a document on the group’s central traditions; a description of its most important rituals; a copy of its rules, regulations, and organizational structure; an audited financial statement (which they must submit annually); information about the group’s leadership; and a statement on the number of adult members permanently residing in the country. Groups also must have formal procedures for membership and make their teachings available to all members. The Ministry of Justice makes the final decision on registration applications after receiving recommendations from a group consisting of a lawyer, religious historian, sociologist of religion, and nonordained theologian. Religious groups that do not submit the annual financial statement or other required information may lose their registration status.
The law prohibits masks and face coverings, including burqas and niqabs, in public spaces. Violators face fines ranging from 1,000 to 10,000 Danish kroner ($150-$1,500). The maximum fine is for those who violate the law four or more times.
The law bans judges from wearing religious symbols, such as headscarves, turbans, skullcaps, and large crucifixes while in court proceedings.
A law enacted in 2018 that came into effect on January 1 requires persons to shake hands during their naturalization ceremonies to obtain Danish citizenship.
All public and private schools, including religious schools, receive government financial support. The Ministry of Education has oversight authority of private schools, which includes supervision of teaching standards, regulatory compliance, and financial screening. The Board of Education and Quality conducts systematic monitoring and has authority to issue directives to individual institutions, withhold grants, and terminate financial support. Public schools must teach ELC theology. The instructors are public school teachers rather than persons provided by the ELC. Religion classes are compulsory in grades 1-9, although students may be exempted if a parent presents a request in writing. No alternative classes are offered. The ELC course curriculum in grades 1-6 focuses on life philosophies and ethics, biblical stories, and the history of Christianity. In grades 7-9, the curriculum adds a module on world religions. The course is optional in grade 10. If the student is aged 15 or older, the student and parent must jointly request the student’s exemption. Private schools are also required to teach religion classes in grades 1-9, including world religion in grades 7-9. The religion classes taught in grades 1-9 need not include ELC theology. Collective prayer in schools is allowed, but each school may regulate religious activities in a neutral, nondiscriminatory manner. They may consist of ELC, other Christian, Islamic, or Jewish prayers, and students may opt out of participating.
Military service, typically for four months, is mandatory for all physically fit men older than 18. There is an exemption for conscientious objectors, including on religious grounds, allowing for alternative civilian service. An individual wishing to perform alternative service as a conscientious objector must apply within eight weeks of receiving notice of military service. The application is adjudicated by the Conscientious Objector Administration and must demonstrate that military service of any kind is incompatible with the individual’s conscience. The alternative service may take place in various social and cultural institutions, peace movements, organizations related to the United Nations, churches and ecumenical organizations, and environmental organizations.
The law prohibits ritual slaughter of animals without prior stunning, including kosher and halal slaughter. The law allows for slaughter according to religious rites with prior stunning and limits such slaughter to cattle, sheep, goats, and chickens. All slaughter must take place at a slaughterhouse. Slaughterhouses practicing ritual slaughter are obliged to register with the Veterinary and Food Administration. Violations of this law are punishable by fines or up to four months in prison. Halal and kosher meat may be imported.
The law requires clergy members with legal authorization to officiate marriages to have an adequate mastery of the Danish language and to complete a two-day course on family law and civil rights administered by the Ministry of Ecclesiastical Affairs. The law also requires that religious workers “must not behave or act in a way that makes them unworthy to exercise public authority.” Religious workers the government perceives as not complying with the provisions may be stripped of their right to perform marriages.
By law, the Ministry of Immigration and Integration may prevent foreign religious figures who do not already have a residence permit from entering the country if it determines their presence poses a threat to public order. In such cases, the ministry places the individuals on a national sanctions list and bars them from entry into the country for two years, a period which it may extend.
The country is a party to the International Covenant on Civil and Political Rights.