Contractual Regulation of State – Church Legal Relations: The Case of Canonical Marriage

Abstract

This article analyses the recognition of canonical marriage in Lithuania by examining its constitutional, contractual and ordinary law aspects. The study applies systematic, comparative and teleological methods of legal interpretation, as well as a criteria-based approach developed in foreign legal scholarship, which allows for the identification of three aspects of the analysis and recognition of religious marriage: (1) the constitutive aspect, (2) the transcription aspect, and (3) the procedural aspect. It is argued that the constitutional recognition of canonical marriage must be assessed within the broader context of the recognition of traditional religious communities. Differences in religious doctrine and internal legal norms result in varying content and legal consequences of religious marriage; therefore, uniform statutory regulation does not always ensure a proportionate balance between the public interest and the autonomy of religious communities. The novelty of the study is based on the expansion of the contractual model of relations between the State and religious communities beyond the classical concept of the concordat, by incorporating procedural aspects and the possibilities of applying mediation in canonical disputes. It is concluded that the contractual model enables a balance between state interests, the autonomy of religious communities and individual rights, and may be applied not only to the recognition of canonical marriage but also to other aspects of the regulation of relations between the State and the Church.