Majorities and Minarets: Religious Freedom and Public Space

In 2009 a constitutional amendment was passed by referendum in Switzerland banning the construction of new minarets on mosques. This decision raises one of the central questions of modern political theory:  how to balance between the will of democratic majorities and the interests and rights of minorities. This question becomes particularly challenging when the minorities involved are religious groups who have to bear the impact of majority decisions. What is often at stake is not just the normal weighing of interests and preferences, but claims that are central to the lives of religious believers. What the majority decides may force a religious minority to abandon some practice or mode of behaviour that they regard as central to their identity, whether this is a matter of a style of dress, the use of time set aside for religious ceremonies, or particular forms of religious expression. In such cases, we seem to have special reasons to curtail the scope of majority decision by putting in place constitutional checks and other devices that will protect minorities’ interests.