Home
/
RELIGION & LIBERTY ONLINE
/
The Constitution of the Fifth Republic at 65
The Constitution of the Fifth Republic at 65
Apr 5, 2026 11:09 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
Catholic High School Honor Roll: “When it comes to recognition, this honor is priceless!”
Why should your high school apply for the Catholic High School Honor Roll? One reason is ecclesial recognition. The video below highlights the experience of St. Theodore Guerin High School in Noblesville, IN. Bishop William L. Higi of the Diocese of Lafayette-in-Indiana attended the school’s press conference to honor the school’s plishments. The video shows the press conference, and does a fantastic job of describing the Honor Roll. Other schools also saw this type of recognition, including Salesianum School in...
Shedding the load
Daily Times of Pakistan: LAHORE: Electricity shortage has exceeded 3,500 megawatts and load shedding is likely to increase across the country, Geo TV reported on Sunday. The water in both Tarbela and Mangla dams has dropped to dead levels, causing the shortfall, the channel quoted PEPCO officials as saying. The electricity demand had shot up after an increase in the use of air conditioners… Ah, load shedding. We lived in Guam for a couple of years in the early 90’s....
Persecution as a mark of the church
Last Friday the U.S. Commission on International Religious Freedom released its 2008 report, noting eleven nations as “countries of particular concern,” being “those that are are most restrictive of religious freedom”: Burma, North Korea, Eritrea, Iran, Pakistan, China, Saudi Arabia, Sudan, Turkmenistan, Uzbekistan, and Vietnam. (HT: The God & Culture Blog) Howard Friedman relates, “The Commission is postponing its mendations as to Iraq pending a Commission visit to the country later this month. promise was approved after a sharp party-line...
The ethics of immigration
Sure to be a significant issue in the presidential campaign going forward, the question of immigration reform continues to divide otherwise like-minded religious folks. Mirror of Justice sage Michael Scaperlanda penned an article on the subject for First Things in February. A raft of letters upset with what the writers deemed Scaperlanda’s unreasonably lenient view toward illegal immigrants followed in the May issue (not accessible to non-subscribers), along with an article-length exchange between Scaperlanda and attorney William Chip. Scaperlanda’s initial...
The Final Countdown: 2 weeks left for schools to apply for the Catholic High School Honor Roll
How is the 80’s song “The Final Countdown” by the band Europe tied to sound Catholic secondary education? Surprisingly, it’s through Acton’s Catholic High school Honor Roll. After a short prayer, the below video shows the pep band for Xavier High School in Appleton, Wisconsin pumping up the crowd for its Honor Roll announcement this past Fall. After applying for the Honor Roll last year, the school earned a place among the Top 50 Catholic high schools in the United...
The Deutsche Bank tragedies
The story of the Deutsche Bank building following the NYC 9/11 attacks is a study in bureaucratic petence…but more importantly it’s an ongoing experience in human tragedy and loss. There’s a great deal to sort out. This piece, “The tombstone at Ground Zero,” does a good job introducing the issues. The article begins with an introduction into the fire at the building site in August of last year: …Thick black smoke was pouring out of the shell of what used...
The 2008 EO/Wheatstone Academy Symposium
My blog post titled “Toward a Theological Ethic for Internet Discourse” has been recognized in the 2008 EO/Wheatstone Academy Symposium. Here is a full list of the top five posts (along wtih an honorable mention): First Place: Mark Fedeli at A Deo Lumen Second Place: Jordan J. Ballor at The Acton Institute Power Blog Third Place: Mark Stanley at Digital Reason Fourth Place: Jeff Nuding at Dadmanly Fifth Place: Letitia Wong at Talitha Koum Honorable Mention: Donnell Duncan at The...
Dr. Jennifer Roback Morse on The Glenn Beck Show
Acton Senior Fellow in Economics Jennifer Roback Morse made an appearance last night on The Glenn Beck Show on Headline News Network. The topic of conversation was “hookup culture” and the degraded sexual ethics of our culture. Dr. Morse is the author of Smart Sex: Finding Life-Long Love in a Hook-Up World. If you missed the show, the clip is below: ...
CEOs for Obama
Michael Franc has an interesting piece on NRO about the demographics of campaign contributions. The gravamen is that Democratic presidential candidates in the current election have exhibited a whopping advantage among all kinds of elite groups, identified by professional, financial, or educational status. Meanwhile, Republicans garnered more support from plumbers, truckers, and janitors. Franc doesn’t make much of an effort to explain the phenomenon, other than to note that Democrats have enjoyed a $200 million advantage in general, which may...
The lost heritage of economic freedom in Italy
Next Monday will be the sixtieth anniversary of Luigi Einaudi’s inauguration as Italian President. Einaudi (1874-1961) was a distinguished economist and defender of classical liberalism. In the immediate period following World War II, he was governor of the Bank of Italy and finance minister. Many credit his policy of low taxes and dismantling tariffs with having laid the foundation for Italy’s “miracolo economico” of the 1950s and 1960s. However, while his role as president between 1948-55 is still remembered, his...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved