Home
/
RELIGION & LIBERTY ONLINE
/
The Constitution of the Fifth Republic at 65
The Constitution of the Fifth Republic at 65
Aug 26, 2025 10:49 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
Elena Kagan’s Revealing Commerce Clause Evasion
In this week’s Acton Commentary, Kevin Schmiesing looks at the exchange between Supreme Court nominee Elena Kagan and Sen. Tom Coburn over the interpretation of the Constitution’s Commerce Clause. Elena Kagan’s Revealing Commerce Clause Evasion by Kevin E. Schmiesing Ph.D. Many Americans have a vague sense that the United States has drifted far from its constitutional origins. Every once in a while, something happens that prods us to recognize just how far we’ve gone. Such was the case last week,...
Secularism in Academe
You often hear that Europe is much more secular than America. Just take a look at the Netherlands, for instance. How much more secular can you get? But one place in which this stereotype rings false is in terms of academic institutions. You can pursue (as I currently am) a degree in theology at a European public university. Can you imagine that in the United States? No, here we have departments of “religious studies” in public colleges and universities (if...
Acton Lecture Series: Ecumenical Ethics & Economics
Join us in Grand Rapids on Thursday for the next Acton Lecture Series with Jordan Ballor, Research Fellow and Executive Editor, Journal of Markets & Morality. The lecture should be of interest to anyone whose church is a member or observer of ecumenical organizations. Lecture description: On the heels of the Uniting General Council of the World Communion of Reformed Churches (Grand Rapids, Michigan, June 18-27) , and in anticipation of the eleventh General Assembly of the Lutheran World Federation...
Samuel Gregg on Social Justice and Subsidiarity
Acton Institute Research Director Samuel Gregg joins guest host Paul G. Kengor on Ave Maria Radio’s Kresta in the Afternoon. In this June 28 segment, Kengor asks, “When we talk as Catholics about elevation of the poor and service to those who are less fortunate, we often talk about subsidiarity and social justice. What do those terms mean in the context of Catholic social teaching?” Listen to “Subsidiarity and Social Justice. What do those terms really mean?” by clicking on...
Thoughts From Another Long Drive
On his blog Koinonia, Rev. Gregory Jensen thoughtfully reviews a 2008 lecture given at Acton University by Kishore Jayabalan. (One of the neat things about downloading AU lectures is that you can then listen to them just about anywhere, including the car.) Rev. Jensen, who also blogs and writes for Acton, notes how Jayabalan’s talk contrasts “the sectarian approach with a catholic one.” Another long drive last week gave me a chance to listen to an excellent lecture on the...
Keynes vs. Hayek: Still the Main Event
Via the Volokh Conspiracy: Mario Rizzo and Gerald O’Driscoll point to dueling letters to the editor from 1932 in The London Times by John Maynard Keynes and F. A. Hayek on whether government spending can help cure contemporary economic woes. The letters, unearthed by Richard Ebeling, show that today’s debates over economic policy are, in many respects, a rerun of the debates of the 1930s. Everything old is new again! Related: Fear the Boom and Bust ...
Reflections on Christianity and Economic Research
Judith Dean, currently an international economist at the U.S. International Trade Commission, has a worthwhile exploration of the relationship between Christian faith and economic research (HT). It’s up at the InterVarsity site for the Following Christ conference and is titled, “Being a Good Physician: Reflections on Christianity and Economic Research.” There’s a lot of good, challenging, and insightful stuff here. As always, read it in full. But here’s a bit that’s especially incisive: Especially for those working in government policy...
Walk, Pedal, Drive
Some of the assumptions built into the mainstream international aid and development movement are puzzling. Among them is the faulty assumption that parison that matters most is how the developing world is doing in relation to the developed. Not surprisingly, this kind parison tends to make the gains in developing countries seem small, inscrutable, or nonexistent, and end up reinforcing the myth that progress is never achieved. What’s more important than how a country like Zambia is doing parison with...
Beyond Petroleum
Some may recall that before BP’s recent disaster (public relations and otherwise), there was a period of rebranding pany from ‘British Petroleum’ to ‘Beyond Petroleum.’ I’ve long argued that the opportunities afforded us by the use of fossil fuels are best spent seeking long-term sustainable and reliable sources of energy. These sources must include, and indeed in the nearer term be largely based upon, nuclear energy. Two recent items underscore this: 1) the question of waste and what to do...
Acton Media Alert: Rev. Robert A. Sirico Reports From China
Acton President Rev. Robert A. Sirico took to the airwaves on the Great Voice of the Great Lakes this morning, joining host Frank Beckmann on News/Talk 760 WJR in Detroit to talk about an event he will be speaking at in the Motor City next week, and also shedding some light on the current state of affairs in China, where he is currently traveling; audio of the segment is available via the audio player below. [audio: ...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved