France is a country where freedom of religion and freedom of thought are guaranteed by virtue of the 1789 Declaration of the Rights of Man and of the Citizen. The Republic is based on the principle of laïcité (or “freedom of conscience”) enforced by the 1880s Jules Ferry laws and the 1905 French law on the Separation of the Churches and the State. Roman Catholicism, the religion of a majority of French people, is no longer the state religion that it was before the 1789 Revolution and throughout the various, non-republican regimes of the 19th century (the Restoration, the July Monarchy and the Second French Empire).
Major religions in France include the Catholic Church, Islam, various Protestant churches, Hinduism, Judaism, Russian Orthodoxy, Armenian Christianity, and Sikhism amongst others, making it a multi confessional country. While millions in France continue to attend religious services regularly, the overall level of observance is considerably lower than in the past.
Terminology
French language terminology related to religion and freedom of religion differs somewhat from English. In particular, there are several misleading faux amis between French and English regarding religion:
The French culte means “(religious) worship”, or, in a legal context, an organized “religion”, taken in a broad sense. An organisation cultuelle is thus an organization that supports religious worship, not a “cult”. As explained below, there are financial and other operational constraints for being recognized as an association cultuelle for tax purposes. The French secte can have the meaning of the English sect, especially when applied to Buddhism. However, in general parlance, it has the derogatory meaning of the English “cult”.
Government and religious organizations
The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. The relationship between government and religious organizations in France is defined by the 1905 “Law concerning the separation of the churches and the state” (“Loi concernant la séparation des Églises et de l’Etat”). Its first sentence is, though:
“The Republic assures freedom of conscience. It guarantees the free exercise of religious worship under the sole restrictions hereafter in the interest of public order. The Republic does not grant recognition nor pay nor subsidises any church.” (“La République assure la liberté de conscience. Elle garantit le libre exercice des cultes sous les seules restrictions édictées ci-après dans l’intérêt de l’ordre public. La République ne reconnaît, ne salarie ni ne subventionne aucun culte.”) The 1789 Declaration of the Rights of Man and of the Citizen, which is considered by legal authorities to have equal legal standing with the Constitution of France, states:
“No one may be questioned about his opinions, [and the] same [for] religious [opinions], provided that their manifestation does not trouble the public order established by the law.” and:
“The law has the right to ward [i.e., forbid] only actions [which are] harmful to the society. Any thing which is not warded [i.e., forbidden] by the law cannot be impeded, and no one can be constrained to do what it [i.e., the law] does not order.” Thus follows that the French government cannot arbitrarily regulate and prohibit religious activity; it is strictly constrained to regulate it only to the extent that there is a need to safeguard public order and prohibit actions harmful to society (such as, for instance, human sacrifices).
The French concept of religious freedom did not grow out of an existing pluralism of religions but has its roots in a history with Roman Catholicism as the single official religion and including centuries of persecution of people not endorsing it, or straying from the most official line, from the Cathars to the Hugenots and the Jansenists – this lasted until the French Revolution.
French insistence on the lack of religion in all things public (laïcité or secularism) is a notable feature in the French ideal of citizenship. This concept of secularism, also plays a role in ongoing discussions about the wearing of scarves by Muslim women in public schools. In 2004, the French Parliament passed a law prohibiting the wearing of ostentatious religious garb in public primary and secondary schools; motivations included the tradition of keeping religious and political debates and proselytism out of such schools, as well as the preservation of the freedom of Muslim female students forced to wear certain costumes out of peer pressure.
The French Republic has always recognised individuals rather than groups and holds that its citizens’ first allegiance is to society in general and not to a particular group, religious or otherwise; the opposing attitude, known as communautarisme, is generally considered undesirable in political discourse in France. On the other hand, the state sees that it is also responsible to protect individuals from groups rather than to protect groups, religious or others.
Apart from special cases due to historical circumstances (the local law in Alsace-Moselle and the military chaplaincy regimes), the French government is prohibited by law from granting official recognition to religion, and is also prohibited from subsidizing them or paying their personnel. However the government grants recognition to legal entities (associations) supporting religious activities. The difference is important, since the French government refuses to legally define what is a religion and what is not, and refuses to legally delimit the boundaries of religions. The state has a role in the appointment of bishops, directly in the case of Strasbourg and Metz, and indirectly (but with a rarely used power of veto)in that of other diocesan bishops. In consequence only suitable nationals are appointed and the episcopate does not reflect the ethnic diversity of practising Catholics in France.
Individuals organizing as groups with the exclusive purpose of worship (associations cultuelles) may register as such and get significant tax exemptions set by law. Religious groups with non-worship (e.g. humanitarian) activities are free to get organized as associations with the usual tax exemptions granted to secular associations. These definitions are covered by an extensive body of jurisprudence (roughly, case law) which focuses on the activities of the groups from a financial point of view, and does, according to law, not take religious doctrine into account.
The population of France is roughly 50% Roman Catholic, between 4 and 5% Muslim, around 3% Protestant, 1% Jew, 1% Buddhist, 1% other denominations and 40% not religious (with 30% of atheists). Church attendance is low among Catholics, and polls indicate that a significant proportion of the population is atheist or agnostic. Since the French government does not collect data on religious preferences, all quoted numbers should be considered with caution.
For more about Religion in France, please see the Wikipedia articles below, from which the text of this article was taken: