The constitution states everyone has the right to “freedom of thought, conscience, and religion,” and “the church shall be separate from the state.” It allows restrictions on the expression of religious beliefs in order to protect public safety, welfare, morals, the democratic structure of the state, and others’ rights. The law gives eight “traditional” religious groups – Lutherans, Catholics, Latvian Orthodox Christians, Old Believers, Baptists, Methodists, Seventh-day Adventists, and Jews – some rights and privileges not given to other religious groups, including the right to teach religion courses in public schools and the right to officiate at marriages without obtaining a civil marriage license from the MOJ. These eight groups are also the only religious groups represented on the government’s Ecclesiastical Council, an advisory body established by law and chaired by the prime minister that meets on an ad hoc basis to comment and provide recommendations on religious issues. These recommendations do not carry the force of law.
Separate laws define relations between the state and each of these eight groups. The rights and activities of other religious groups are covered by one law on religious organizations.
Although the government does not require religious groups to register, the law accords registered religious groups a number of rights and privileges, including legal status to own property and conduct financial transactions, eligibility to apply for funds for religious building restoration, and tax deductions for donors. Registration also allows religious groups to perform religious activities in hospitals, prisons, and military units and hold services in public places such as parks or public squares with the agreement of the local government. The law accords the same rights and privileges to the eight traditional religious groups, which it treats as already registered.
Unregistered groups do not possess legal status and may not own property, conduct financial transactions, or receive tax-free donations. They may not perform religious activities in hospitals, prisons, and military units, and generally may not hold worship services in public places without special permission. The law stipulates fines if an unregistered group carries out any of these activities.
The law stipulates that, in order to register as a congregation, a religious group must have at least 20 members aged 18 or older. Individuals with temporary residency status, such as asylum seekers and foreign diplomatic staff, may count as members for the purpose of registration only during the authorized period of their residency permits. To apply, religious groups must submit statutes stipulating their aims and tasks; a list of all group members (full name, identification number, and signature); the names of the persons who will represent the religious organization; minutes of the meeting founding the group; confirmation that members voted on and approved the statutes; and a list of members of the audit committee (full name, identification number, and title). The audit committee is responsible for preparing financial reports on the group and ensuring it adheres to its statutes. The MOJ determines whether to register a religious group as a congregation. The ministry may deny an application if it deems registration would threaten human rights, the democratic structure of the state, public safety, welfare, or morals. Groups denied registration may appeal the decision in court.
Ten or more congregations – totaling at least 200 members – of the same faith or denomination, each with permanent registration status, may form a religious association or church. Groups with religious association status, or status as a private society or foundation, may establish theological schools or monasteries. The law does not permit simultaneous registration of more than one religious association of a single faith or denomination, or of more than one religious group with the same or similar name. For example, the law prevents any association other than the Latvian Orthodox Church from registering with the word “orthodox” in its name. Independent Orthodox groups, such as Old Believers, are registered as separate religious associations.
The law requires religious groups registered for fewer than 10 years to reregister every year. Reregistration requires an MOJ evaluation of the group’s activities in the previous year and submission of the same documentation as first-time registrants.
According to the law, all traditional and registered religious organizations are required to submit an annual report to the MOJ by March 1 regarding their activities and goals. They must additionally provide other data, including congregation size, number of clergy, number of weddings and other ceremonies performed, and details of group governance and financial status.
The law criminalizes hate speech and the incitement of hatred on the basis of religious affiliation but requires legal proof, determined at trial, of substantial harm for conviction. Penalties range from community service to up to 10 years of imprisonment. Committing a crime for religious reasons may also be considered an aggravating factor at trial.
The government funds religion and ethics classes in public schools. The school must receive the approval of the parents of at least 10 students in order to hold religion classes; if such approval is not obtained, students take courses on general ethics. The Center for Educational Content at the Ministry of Education must review the content of the classes to verify they do not violate freedom of conscience. First through third-grade public school students must take either a class on religious beliefs of one of the eight traditional groups or an ethics class; starting in fourth grade, religious subjects are incorporated into elective ethics and social science classes. If there is demand, schools are permitted to teach classes on the history of religion. Students at state-supported national minority schools may attend classes on a voluntary basis on the religion “characteristic of the national minority.” Other nontraditional religious groups without their own state-supported minority schools may provide religious education only in private schools. Religion courses in public schools range from doctrinal instruction by church-approved government-certified instructors (usually at the lower grades), to nondenominational Christian teachings or overviews of major world religions by certified teachers who are proposed by a religious group, and approved by the Ministry of Education (usually at higher grades).
The law establishes an independent ombudsman’s office for human rights. Its mandate includes helping to resolve cases of religious discrimination through collaboration with authorities. While it does not have enforcement powers, it can issue recommendations to specific authorities. Parliament appoints the ombudsman.
The law stipulates foreign missionaries may be issued a residency permit, hold meetings, and proselytize only if a registered domestic religious group invites them to conduct such activities. Visa regulations require foreign religious workers to present letters of invitation, typically from a religious organization, and either an ordination certificate or evidence of religious education that corresponds to a local bachelor’s degree in theology.
The country is a party to the International Covenant on Civil and Political Rights.
