Abstract Examining religion and state arrangements in the United States, this study investigates under what conditions religious law, rooted in state establishment, declines in democracies. We argue that when (1) state founders or political elites intentionally refrain from embedding religious arrangements within state institutions, (2) the state apparatus enforces a constitutionalized and explicit prohibition against government-sanctioned religion, and (3) legal justifications shift from religious to secular rationale to maintain their justifiable constitutionality, then reliance on religious law within the state diminishes. However, due to institutional path dependence, laws initially rooted in religious arrangements/traditions may persist but are increasingly framed in secular terms, aligning with the broader secularization of modern Western societies, regardless of the extent of separation between religion and state. Hence, the religious influence and objectives of these laws endure despite the secular disguise.
Golan-Nadir et al. (Fri,) studied this question.