Kötéltánc

Since the Fundamental Law came into effect (and since its seventh amendment), social and professional debates have been widespread whether the Constitutional Court's requirement of state neutrality has changed. Although professional debates have since seemed to subside, the IX. Amendment of the Fundamental Law may revive the discourse on the inclusion of Christianity and its value system in the constitution. Article XIV (1) (second sentence) of the Constitution: „Hungary ... shall ensure an upbringing for them that is in accordance with the values based on the constitutional identity and Christian culture of our country.” Passages that refer to Christianity are interpreted not only by political enthusiasts but also by jurists as phrases representing exclusively European culture and have no religious significance. These portions of religion, which has become part of the culture, can become that tightrope to walk for countries wishing to vindicate Christian traditions without breaching the rights to religious freedom, the requirement of equality, the freedom of expression, and ideological neutrality. My paper attempts to draw the magins of the government- through the analysis of the practice of the Hungarian Constitutional Court and the European Court of Human Rights -in how to validate and protect a culture that isn't Christianity anymore, but it is originated from it.