Law and Religion in The Bahamas

Ryan Davis

The Preamble to The Constitution of the Commonwealth of the Bahamas states that the citizens of the Bahamas are “guaranteed” their freedoms by “a national commitment to Self-discipline, Industry, Loyalty, Unity and an abiding respect for Christian values and the Rule of Law.”  This nod to Christianity in the country’s constitution is matched by the country’s demographic makeup where a majority of the population is Protestant Christian.  According to the U.S. State Department, of the country’s 319,000 inhabitants 35% are Baptist, 15% are Episcopalian, 8% are Pentecostal, 5% belong to the Church of God, 5% are Seventh-day Adventists, and 4% are Methodist. 

Majority religions in the Bahamas are also significantly Christian.  Catholics make up 15% of the population and other smaller denominations include Greek Orthodox Christians, Jehovah’s Witnesses and Mormons.  

Religious Constitutional Protections

Besides binding the government to Christian values, the constitution of the Bahamas does not designate an official state religion.  Instead, the constitution respects the rights of all citizens to join, change, and practice religion as they please.  Chapter III of the constitution specifically guarantees “freedom of conscience, of expression and of assembly and association.”  Later, “freedom of conscience” is defined as “freedom of thought and of religion, freedom to change his religion of belief and freedom . . . to manifest and propagate his religion of belief in worship, teaching, practice and observance.”  

Cases of Religious Discrimination

In spite of the constitutional guarantee of religious freedom, however, some official government discrimination against minority religions does exist.  A very small number of Bahamians practice Obeah, a form of Voodoo.  Both Voodoo and Obeah, however, are illegal in the Bahamas and Bahamian law punishes the practice of Obeah.  Sections 232 through 234 of the Penal Code designate the practice of Obeah as prohibited and detail law enforcement’s ability to seize any object they suspect might be used in the practice of Obeah.  Section 232 of the Penal Code states that, “Whoever practises obeah . . . shall be liable to imprisonment for three months.”  

Rastafarians, another minority religion in the Bahamas, have also been victims of discrimination.  In 2013, Rastafarian leaders petitioned the government for legal recognition of the religion.  No recognition was given, however, and Rastafarians have taken their campaign for recognition to the Bahamian judicial system.  Until recognition is granted, Rastafarians continue to tie perceived discrimination to their use of marijuana in religious ceremonies and practices.  They are also petitioning to have the Bahamian prison system refrain from cutting the dreadlocks of Rastafarian prisoners and to provide the same prisoners with a special diet that suits their unique religious needs.  

Governmental Interaction With Religion

Religious leaders representative of many of the Bahamas’ largest denominations form the Bahamas Christian Council (BCC).  The BCC meets regularly to encourage change in the politics, economy, or social structure of the Bahamas in order to allow religion to more easily flourish.  The Bahamian government meets regularly with the BCC and close ties between the BCC and the government have been credited with the BCC’s ability to successfully lobby for or oppose legislation that affects religion.  Gambling, for example, was prohibited by referendum in 2013, due largely to the BCC’s influence and campaign efforts. 

Religion is also a subject in government schools.  Bahamian students study Christianity and the Bible at school unless they are opted out of religion classes by their parents.  

Legal Status of Religion

According to the U.S. State Department, religious denominations in the Bahamas do not have registration requirements.  To purchase and maintain land, all denominations must legally incorporate, though.  Any incorporated denomination is taxed the same as if it were a for-profit company.  This results, says the State Department, in an environment that neither “encourage[s] or discourage[s] the formation of religious communities.”