Home
/
RELIGION & LIBERTY ONLINE
/
The Constitution of the Fifth Republic at 65
The Constitution of the Fifth Republic at 65
Mar 31, 2026 1:48 AM

Have the tensions between individual freedom of conscience and the principle of laïcité finally reached the breaking point?

Read More…

Nearly 20 people were killed in Paris during and immediately following the Islamist attack on satirical magazine Charlie Hebdo in January 2015. Then, in November of that same year, terrorists killed 130 and injured hundreds more in a series of coordinated attacks across Paris that included suicide bombers detonating explosives outside the Stade de France, indiscriminate shootings at crowded restaurants, and the storming of the Bataclan concert hall, where an American rock band played for a sold-out crowd of 1,500. A few months after that, in July 2016, two Muslim men slashed the throat of 85-year-old Roman Catholic priest Fr. Jacques Hamel as he finished saying Mass in his Normandy parish.

With the exception of a tiny group of Islamists, France’s relatively small munity was just as outraged and traumatized as non-Muslims by the enormity of these and other religiously motivated terror attacks in France. These included the murder and beheading of Samuel Paty, a teacher who, as part of a lesson, had shown his students the Charlie Hebdo cartoons that had sparked the 2015 attacks on the magazine’s offices. In response, the French president and national legislature enacted measures in 2021 to support “respect for the principles of the Republic,” which did not use the term “Islam” or “Islamism” but clearly targeted munities.

All this has unfolded inside a nation whose present identity and system of government rests on explicit identification as secular, with no place in public for religion. In fact, French Minister Gabriel Attal made the decision just last month to ban a traditional form of Muslim dress for women. He argued that “the school of the Republic was built around strong values, [and] secularism is one of them. … When you enter a classroom, you shouldn’t be able to identify the religion of pupils.” Are security measures enough, however, to counter the threat of Islamist terrorism? Does legally enforced uniformity of dress for teenage girls truly advance any principle of the Republic?

The Constitution of the Fifth Republic, which went into effect on this day 65 years ago, is the second French constitution to codify official state secularity, a principle known as laïcité. But the document also preserves the tradition, dating back to 1848, of the constitutional codification of the Revolutionary tripartite motto turned civilizational ideal: liberté, égalité, fraternité—liberty, equality, and fraternity. And it incorporates by reference the Declaration of the Rights of Man and of the Citizen, which includes mentions of natural law and natural rights. These principles make implicit moral claims that require moral language to be intelligible. But the imposed secularity of laïcité forecloses the possibility of moral vocabulary that is built on anything more than pragmatism and preference. French citizens must leave their mitments at home as they enter the public square. They cannot do so as French Christians, French Muslims, or French Jews—only as French citizens, but ones who lack any meaningful reference to the moral heritage of the nation.

When the Constitution of 1848 first identified liberté, égalité, fraternité to be a singular “principle” of the Republic, the Roman Catholic Church represented the established state religion of France. This remained the case until 1905, when the national legislature passed a controversial and draconian law not only disestablishing it but making church and synagogue buildings government property among other things. This law forged the groundwork for the incorporation of laïcité into the two subsequent French constitutions.

Constitutions plex documents. They are at once actively enforceable legal instruments and artifacts of the eras in which they posed, which can present interpretative challenges. There is no doubt that the present constitution has provided a framework for a nation that ranks high on Freedom House’s Freedom in the World index, but this internal incoherence has hampered rather than helped to realize this lofty ideal. Not all the French were devout Roman Catholics in 1848, but a nation that at once establishes a church and articulates ideals in the form of morally significant language cannot later claim that these are two unrelated facts.

The notion of a secular state is one that has uniquely evolved in the Christian West and should not be abandoned. While an established church may function quite well in some settings, this does not mean that France should return to such a system. Laws that bind citizens should be accessible by ordinary reason rather than the tradition-specific knowledge accessible only through a religious text such as the Bible or the Qur’an. But the radical secularism of modern France extends beyond this and requires a practical denial of the Judeo-Christian heritage of the nation that is present in every aspect of the culture, including the value-laden constitutional articulation of the goals of the Republic.

The radical secularism of laïcité has only been workable in France because of the religious homogeneity of the nation even at the point of disestablishment in 1905. French culture, institutions, and public discourse had already been shaped by hundreds of years of Christianity, so the imprint of the religion was and is inescapable even as most French citizens stopped practicing or even identifying with the faith. So the imposed secularization of non-Christians, most of whom emigrated from French colonial territories, has not been a religiously neutral project. Instead, political principles and cultural practices that monplace and not especially religious according to the sensibilities of a secular French native may be quite foreign and even in conflict with the worldview of an Algerian or a Lebanese Muslim immigrant.

Beyond even the advantage that the native French have in such a system, toleration of religious differences allows each citizen to participate fully in public life. Theoretically, all citizens in such a secularized system must relegate their most deeply held beliefs to a category of merely private matters. Religious beliefs are metaphysical beliefs and so, arguably, inform every other belief a person holds. They are at the core of individual identity, self-perception, and a personal relationship with the wider world. To be fully human requires that we be allowed to enter the public square in a way ports with personal conscience rather than be required by law or custom to conform to an artificial and unattainable morally neutral public persona.

Of course, not all religiously motivated behavior can be tolerated. Islamists should not be permitted to intimidate the media or teachers into self-censorship on pain of death. But the line that does exist necessarily lies somewhere between traditional Muslim dress in school and storming a crowded theater with assault weapons. That line, however, is not easily found unless people of good will can engage honestly and openly about the values that shape their worldview and how best they understand the vocation of citizenship that is oriented toward and shaped by moral principles such as liberty, equality, and fraternity.

The French do have much to celebrate today on this anniversary of their constitution. Since the 1789 Revolution, France has had about 18 governments, and the Constitution of the Fifth Republic has provided the basis for the second-longest-lasting one. France has been rebuilt from the ruins of World War II into a free and open society that is one of the most prosperous nations in the world. But as its demographics shift, the tensions within the constitution will only grow increasingly taut as unrealistic expectations are placed on citizens to embrace radical secularity in the public square and abandon religion and even religious difference as a tool for understanding and engaging with one another. The system has not ruptured, and it may adapt so that it will not ultimately. But the introduction of the concept of laïcité into a system already built with moral assumptions in place may very well be an overlooked factor in the fraught relationship between France and its citizens who are religious minorities.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
‘Empty Labels’ In The Catholic Realm
Carl E. Olson, in an editorial entitled “Catholicism and the Convenience of Empty Labels,” says that many who write and discuss all things Catholic get lost in “fabricated conflicts” which lack context. Pope Francis, depending on who is speaking, is a darling of the “liberals” or a stalwart “conservative.” Suffice to say, the die has been cast for many journalists, and thus for their readers, when es to framing stories about the good Pope Francis and the evil “right-wingers” who...
Michigan Catholic Conference Files Suit Regarding HHS Mandate
The Michigan Catholic Conference, which serves as the public policy voice for the Catholic Church in Michigan, has filed a new lawsuit against the federal government regarding the HHS mandate. A press statement released today says: Michigan Catholic Conference today filed in the U.S. District Court for the Western District of Michigan a new plaint against the federal government regarding the U.S. Department of Health and Human Services’ (HHS) objectionable services mandate. plaint challenges the HHS mandate on the grounds...
Ayn Rand didn’t understand capitalism. Or altruism. Or Christianity. Or reality.
There once was a time when I was enamored by the philosophy of Ayn Rand. An émigré from the Soviet Union, the influential novelist and founder of Objectivism had an enthusiasm for market capitalism and a hatred munism that I found entrancing. I discovered her two major philosophical novels,The Fountainheadand Atlas Shrugged, in my early years in college as I was beginning to wake from my enchantment with liberalism. I was instantly hooked. Rand’s ideas were intriguing, yet she harbored...
What Will Your Religious Liberty Cost You? Obamacare Edition
We know freedom isn’t free. And apparently, we are now going to find out exactly how much our religious freedom is going to cost. Matthew Clark at Charisma News says that “refusal to violate your faith” under Obamacare is going to cost you…a lot. If you value your faith;if you are one of the millions of Americans who believe that abortion pills cause the destruction of innocent, God-given human life; if you are an employer who believes that being forced...
Creation and the Heart of Man: ‘Orthodox and not Libertarian’
Today at Ethika Politika, Alfred Kentigern Siewers reviews Creation and the Heart of Man: An Orthodox Christian Perspective on Environmentalism, Acton’s recent Orthodox Christian social thought monograph by Fr. Michael Butler and Prof. Andrew Morriss. Siewers offers a nuanced and critical review, being well-read in the literature himself, and ultimately es the monograph as a missing voice in the broader conversation of Orthodox Christianity and creation care. Siewers writes, [I]n its introductory opening chapter, the authors clearly set forth their...
Samuel Gregg on Pope Francis and Latin American Political History
Carl E Olson, editor of The Catholic World Report, recently wrote an article addressing the perception of Pope Francis by media members outside the Catholic Church. He says: Many in the American media, however, have already made up their minds: yes, the new pope is “liberal”, and that supposed fact is a big problem for those “conservative” bishops who keep harping about fringe issues such as the killing of the unborn, sexual immorality, the familial foundations of society, and the...
Does Church/State Separation Apply To Black Churches?
According to World News Daily the federal government has enlisted black church denominations to enroll people into Obamacare. Enroll America, a Washington-based nonprofit staffed in part by ex-Obama presidential campaign workers, is leading the enrollment campaign which saw just over 100,000 people “sign up” in October. Jessica Kendall, director of outreach for Enroll America, calls the task of signing up America’s uninsured the “largest enrollment effort that has ever been done in our history.” Her group is working with a...
‘Wisdom & Wonder’: Two Reviews from the Emerging Scholars Network
InterVarsity’sEmerging Scholars Blog recently posted two reviews of Abraham Kuyper’s Wisdom and Wonder: Common Grace in Science and Art, one from Dan Jesse, the other from David Carlson. Carlson nicely summarizes some of the book’s key implications for the life of the believer: One does not need to do Christian science or Christian art to be a faithful Christian in those domains. One needs to do good science or good art. Yet, science and art are powerful tools e without...
‘Tea Party Catholic:’ The Necessity of Faith and Liberty
Fr. C John McCloskey, research fellow at the Faith and Reason Institute, recently reviewed Sam Gregg’s Tea Party Catholic at the National Catholic Register. In “Life, Liberty and Faith,” McCloskey says, “Gregg builds an argument for free economy and human flourishing that is a must-read, regardless of your political affiliation or whether you are Catholic or a serious Christian concerned about the rapidly diminishing religious liberty in the United States.” McCloskey points out at the book focuses on the only...
Women’s Property Rights and Rule of Law in Kosovo
In its first five years as an independent country, Kosovo has not experienced the positive developments that were hoped for, and remains far behind most countries in terms of economic development and rule of law. It is one of the poorest countries in Europe, boasting a meager 2012 per capita GDP of $3,453. Partly accounting for this low statistic is the minimal involvement of women in the economy. A 2012 World Bank report measures the portion of working-age women employed...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved