Key legal question
Whether a church-exit declaration under § 12 of the Lucerne church constitution must expressly state departure from the Roman Catholic Church rather than only from the landeskirche.
Extracted holding
For constitutional purposes, a declaration referring to the landeskirche is sufficient; requiring renunciation of the Roman Catholic Church, confession, or religious community is incompatible with religious freedom.
Extracted reasoning
Negative religious freedom protects the right to leave a religious community. In a dualist structure with both a faith community and a public-law church organization, the state may only require an unambiguous exit from the public-law organization, because that already ends enforceable membership duties such as church tax liability. Additional faith-confessional wording is not necessary.