Secularism Day was this Wednesday, December 9 • Credits: AFP – AFP
One hundred and fifteen years after the enactment of the 1905 law establishing the separation of church and state, the murder of Professor Samuel Paty last October calls into question a principle that had until then been inextricably linked to the history of France
To discuss this, Guillaume Erner is joined by Patrick Weil, historian, research director at the CNRS at Paris 1, and author of “On Secularism in France” which will be published in March 2021 by Grasset.
What does the 1905 law say about the principle of secularism?
» Freedom of conscience is absolute. There are no restrictions imposed by the state; in your heart of hearts, you can think whatever you want. Now, until recently, when people asked the Ministry of the Interior, the Ministry of Justice, or political leaders in general what freedom of religion meant, they would say it was the right to go to church or to a mosque. But that’s not what it is. We must return to the words of Aristide Briand, who was the chief rapporteur for the 1905 law. Briand made two points. He said that the practice of religion consists of the outward expressions of beliefs and religions. And he added that this word was chosen because it is the legally established term.. »
Secularism is, first and foremost, the freedom to believe or not to believe without pressure. Then there is Article 2 on the separation of church and state. Why is Article 2 necessary? Because freedom of conscience and worship cannot logically be conceived without the absolute neutrality of the state. There is no true freedom where there is no complete equality under the protection of the law. However, a state that protects or subsidizes certain religions places others in a position of legal inferiority. And it violates the rights of nonbelievers. Therefore, separation means affirming the equality of citizens before a state that does not take a position on the existence of God. Patrick Weil
« The 1905 law was enacted after the Dreyfus Affair. The Church had interfered in the affair. And even before that, the Church had grown accustomed to regarding France’s political affairs as its own business. The Church was the official religion until the Revolution. There was a strong interplay between the Church, the military, and the state. Separation was not a given. It was the Socialists who championed it. They secured a majority by a single vote in the committee tasked with reviewing the proposed legislation. The 1905 law would not have passed without the implicit consent of the Church of France.. »
Is a law from 1905 still relevant in today's society?
France isolates itself when its leaders spout nonsense about secularism. France underwent secularization during the 20th century, with a decline in religious practice, and then suddenly a resurgence of religion among part of the population. The 1905 law was enacted at a time when France was a religious country, and Catholic practice was very widespread. The 1905 law was by no means enacted at a time when atheists and agnostics were in the majority, as they are today. So it was entirely appropriate. We’ve simply forgotten the context. Those who fought for separation were sometimes anti-religious, and sometimes they confuse secularism with the fight against religion or against religious dogmatism. They are fighting for freedom of thought, but someone who is a believer and who respects the law is part of secularism. Patrick Weil
