Home
/
RELIGION & LIBERTY ONLINE
/
The Constitution of the Fifth Republic at 65
The Constitution of the Fifth Republic at 65
Apr 9, 2026 12:06 PM

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
John Cornwell, Call Your Office!
In light of Iran’s Holocaust Denial conference, you’d think we would hear something from some of the authors who have made a name for themselves attacking the Catholic Church for not doing enough to prevent the Holocaust. Where is John Cornwell, author of Hitler’s Pope, a scurilous attack on Pius XII for not doing enough to save Jews? While we wait to hear from John Cornwell or James Carroll (author of Constantine’s Sword) or Susan Zuccotti (author of Under His...
More than a Social Gospel
In a much discussed op-ed for CNN last week, hipster church leaders Marc Brown and Jay Bakker (the latter’s profile, incidentally, immediately precedes that of yours truly in The Relevant Nation…a serendipitous product of alphabetical order) lodge plaint against Christianity that doesn’t respect the call “love others just as they are, without an agenda.” Speaking of Jesus, Brown and Bakker write, “The bulk of his time was spent preaching about helping the poor and those who are unable to help...
For More on the Black Family
…check out the helpful website by the Seymour Institute. Founded by the Rev. Gene Rivers in Boston, the Institute brings together information and tools to advocate for marriage in the munity. ...
Churchly Environmentalism
I’ll post the link to this story on an eco-friendly church being built in the Philippines with only one ment: I am very surprised at the claim that this is the “world’s first-ever environmentally-friendly church.” Obviously it all depends how one defines “eco-friendly,” but still, I’m skeptical that this is the first church building to incorporate the features listed in the article. Surely some progressive congregation somewhere has already set the standard in this field? ...
Keep Those Receipts!
Filing your taxes just got a little plicated. The IRS recently announced new guidelines for charitable deductions to be introduced for the 2007 tax year. Beginning next tax season, “taxpayers must provide bank records or other information when claiming deductions for charitable donations of money.” These records can include credit card statements and canceled checks. And in addition, taxpayers “may also submit a munication from the charity with the organization’s name, the date of the transaction and the amount of...
Religion Saves More Than Souls
Pat Fagan of the Heritage Foundation summarizes the research on religious practice and social es. Religious practice is a protective factor against divorce, out-of-wedlock child-bearing, domestic violence, drug abuse and suidical tendencies. Religious practice is associated with more positive interactions between parents and children and husbands and wives, as well as with better health over a lifetime.  ...
Colson on Debt and Giving
“The wicked borrows but does not pay back, but the righteous is generous and gives…” Psalm 37:21 That verse is a pretty good introduction to the issues facing people who declare bankruptcy but want to continue to give to the church. As noted on this blog previously, there was some controversy over the legalization and regulation of the inclusion of charitable donations and tithes when filing for bankruptcy. In yesterday’s BreakPoint, Chuck Colson weighs in, supporting the efforts of the...
Restoring Congressional Integrity
There can be little doubt that one of the greatest political and economic problems in the US is the way that our Congress “earmarks” billions of dollars for special projects that benefit lawmakers in their bid for personal security and re-election. The system works in a very straightforward way. Congress can pass massive spending bills and all the while representatives can add “earmarks” that benefit projects and people in their district or state. It is a form, quite often, of...
Marriage and the Black Family
I recently received a letter from a reader of my Acton Commentary column, "Marriage as a Social Justice Issue," which she had seen reprinted in modified form at Town Hall. My correspondent was concerned that I had overlooked a key fact: the lack of marriageable black men. She said, in part: Education and the lower number of available black men are 2 major things you left out of your article. I know that marriage is important in the munity, but...
Costs of Aggressive Population Control
The children of the Chinese One-child policy are finding new obstacles in their paths: no one wants to hire them. Incredible, but true. It seems that many of the only children have been so pampered by their parents, that employers do not find them suitable workers. Some have called these children, "Little Emperors," because their parents dote on them so thoroughly. Evidently, this is not good preparation for working in the global economy! Recently, China Daily reports, the Sinohydro Engineering...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved