Home
/
RELIGION & LIBERTY ONLINE
/
The Constitution of the Fifth Republic at 65
The Constitution of the Fifth Republic at 65
Mar 25, 2026 9:11 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
Pope Francis to entrepreneurs: Do good, despite what culture says
Rather than speaking about the risk of not doing, avoiding or failing at something in order to succeed, the pope coaxed the business executives to consider risking doing something positive for mon good – as if to encourage them to live out their faith proactively, through bold intentional free choices, despite the strong countercurrents of a materialistic, godless and self-serving secular society. Read More… Yesterday, Pope Francis hosted a private audience in his Apostolic Palace for a few hundred international...
What are ‘transatlantic’ values?
President Barack Obama and German Chancellor Angela MerkelPresident Barack Obama and German Chancellor Angela Merkel held their last joint press conference as heads of state on Thursday, pressing national leaders – in President Obama’s words – “not to take for granted the importance of the transatlantic alliance.” And they grounded that longstanding partnership on their conception of the bedrock principles that they believe unite North America and the EU. mitment of the United States to Europe is enduring and it’s...
Garnett on the future of religious liberty
What is the future of religious liberty?Religious Freedom Restoration Act (RFRA) type laws, says Richard Garnett, a law professor at the University of Notre Dame. In any society where there is (a) religious and moral diversity and (b) an active, regulatory welfare state, there will — necessarily — be conflicts and tensions between (i) duly enacted, majority-supported, generally applicable laws and (ii) some citizens’ religious beliefs and exercise. What Justice Jackson called “the uniformity of the graveyard” is not an...
Brexit: national borders, democracy, jurisdiction
In a recent article for The Telegraph, Sir Roger Scruton discusses the importance of national borders in Europe and the threat that the EU poses to them. He explains how religion once united Europe but since religion began to fade in the 17th century, territory took over as the principle that Europeansturn to in order to find unity. Scruton says this: European civilisation has been steadilyreplacing religion with territory as the sourceof political unity. The process began in the 17th...
Washington showdown looms over Ex-Im Bank and cronyism
Sen. Lindsey Graham, Republican from South Carolina, wants to change the rules of one of the biggest crony capitalist organizations in Washington. He wants to make it easier for the Export Import Bank to dish out large amounts of corporate welfare panies such as Boeing, which already brings in revenues upward of $95 billion per year. USA Today reported in a recent article that “Graham, as chairman of the Senate Appropriations mittee that funds foreign operations, has added a provision...
Does Acts 2-5 teach socialism?
“The early church was socialist.” Talk about economics and the church and you’ll eventually hear a Christian make that claim. The idea that the early chapters of the Acts of the Apostles supports the idea that Christians should be socialists is an oft-repeated as if it were both obvious and true. But is it? Art Lindsley explains why those passages do not pertain to socialism: Does Acts 2-5 mand socialism? A quick reading of these four chapters might make it...
Now that Republicans control the government, here’s what we can expect
Because of the recent election, Republicans now control the White House, the U.S. Senate (51 percent), the House of Representatives (54 percent), 31 of the 50 state governorships (62 percent), and a record 67 of the 98 partisan state legislative chambers in the nation (68 percent). What will they do with all that power and influence? To predict what policies the GOP will champion over the next two to four years we can turn to the most recent party platform....
Graft and bribery are big government’s byproducts: EU studies
The nation of Spain is prosecuting 37 people – including former officials in the ruling center-Right party – for steering government contracts to their politically connected friends. It will not help the defensethat thesuspects gave themselves audacious, Godfather-inspired nicknames like Don Vito and “The Little Meatball.” While a disturbing example in itself, a series of studies show that corruption is ing a growing threat in the EU – and the larger the government, the greater the level of perfidy. The...
Did the unemployed give Trump his new job?
When you hear reports on the unemployment rate it’s usually a single number. For example, in October that number was 4.9 percent. But that single number is the national average, and can conceal a wide range at the state and local level. For instance, in September South Dakota and New Hampshire had the lowest rates in the country—2.9 percent—while six states (Nevada, Mississippi, West Virginia, Louisiana, New Mexico, and Alaska) all had rates that were twice that number. Not surprisingly,...
Thomas Sowell on poverty, politics, and the origins of prosperity
“The mundane progress driven by ordinary economic and social processes in a free society es dramatic only when its track record is viewed in retrospect over a span of years.” –Thomas Sowell In a recent edition of mon Knowledge, economist Thomas Sowell discusses his latest book, Wealth, Poverty, and Politics, which provides prehensive argument for the origins of prosperity. “There’s no explanation needed for poverty. The species began in poverty,” Sowell says. “So what you really need to know is...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved