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Law Of Separation Of Church And State

Law of Separation of Church and State
Title Law of 9 December 1905 on the separation of Church and State
Country Flag: France France
Territory covered Flag: France France except Alsace-Moselle
Type Ordinary law
Promulgation 9 December 1905
Entry into force 1January 1906
Current version Consolidated version 14 May 2009
Text read online on Lgifrance
change Consult the documentation of the model

The law of separation of church and state is an event company founder French.

Adopted at the initiative of Socialist deputy Aristide Briand on December 9 1905 , taking sides in favor of secularism without excess, it is primarily the completion of a violent confrontation that lasted almost twenty-five years and has conflict between two visions of France: France clerical favorable composition and republican France and secular.

It replaces the scheme of arrangement in 1801 , which is still in force in Alsace-Moselle , for historical reasons.

Summary

/ / Background: A painful separation

The Cabinet of Republican Defense of Waldeck-Rousseau

After Jules Ferry (1880), he spent nearly twenty years without real progress in the areas of secularization. With the Dreyfus affair that explodes in 1898, France is divided into two camps: the left republican, secular and anticlerical one hand, and the clerical and militarist right of the other. Republicans denounced the alliance of the sword and brush against Dreyfus and the right of everyone to have a trial in fair conditions. The presidential pardon granted to Dreyfus in September 1899 is a compromise. The case, which has seen an explosion of anti-Semitism and the polarization of society, led to renewed anti-clerical left.

In June 1899, Pierre Waldeck-Rousseau as the Republican defense firm , described by the nationalist camp of "firm Dreyfus. Waldeck-Rousseau, however, fails to take action on the religious, but enacts the 1901 law on associations. This provides both a system of freedom to create associations and secondly that each congregation should be authorized by law and they may be dissolved by a simple decree under Article 14 of Law. Most congregations (about four out of five) comply with the procedure. Those who refuse are dissolved in October 1901 , but the law is applied initially in a relatively liberal, Waldeck-Rousseau also informed the Vatican that requests for authorization will be considered with restraint. In January 1902 , the State Council said that prior authorization required for congregations now prevail in any school which teach Congregationes, whatever their number.

In the 1902 legislative , the Left Bloc , Republican coalition, wins and takes over the work begun by Ferry. Combes form a new government.

The Little Combes

Main article: mile Combes.
Caricature published in Le Rire , May 20, 1905. The man in the middle is Jean-Baptiste Bienvenu-Martin , Minister of Education Rouvier cabinet.

His first pass to the Government in 1895 as Minister of Education and Religious Affairs allows him to practice his secular beliefs. In 1902, Emile Combes , a former seminarian became determined opponent of religion, is brought to government by a radical thrust after elections which were made on the theme for or against the law enforcement in 1901 with a vigor.

Combes no secret of his inauguration as its willingness to pursue an "aggressive secularism". This statement is followed by a tightening of provisions previously made by Waldeck-Rousseau permission requests are rejected en bloc to ensure the final victory of secularism on the anticlerical movement attached to Catholicism. Thus in July 1902 , schools Unauthorized (3000) authorized congregations are closed: this measure resulted in numerous incidents, however, mainly limited to the most Catholic (West of France, part of the Massif Central ) and 74 bishops signed a "protest". The government responds by suspending the treatment (salary) of two bishops.

A milestone was reached in March 1903 : all applications for approval of men's congregations are dismissed. In July 1903, the female congregations suffer the same fate, causing disagreements within the Republican majority, Waldeck-Rousseau Combes criticizing even have turned a control law into a law of exclusion. Indeed, monks and nuns were expelled from France. Those who resist by claiming the right to remain in their monasteries were forcibly expelled, like the Carthusians, that constables are drawn from their retirement to implement the Prohibition Act. Thus, thousands of monks found refuge in more hospitable land: Belgium, Spain, United Kingdom ...

In fact, in 1902 , eight proposals were submitted, and mile Combes , to stifle these efforts, created 11 March 1903 a commission to examine these proposals and draft a bill.

Deaf to criticism from the right, indifferent to calls for radical Clemenceau claiming the outright deletion of the congregations, which are considered extensions of the "Roman government, in France, mile Combes prohibited the teaching congregations, July 7, 1904, and so also removes their ability to preach, to trade, it being understood that the teaching congregations should disappear within a period of ten years. Combes prepares the complete secularization of public education.

The severance of diplomatic relations with the Vatican (1904)

mile Combes himself is reluctant to commit themselves firmly to the separation of church and state: indeed, relations between church and state in 1904 are still governed by the Concordat signed between Napoleon Bonaparte and Pope a century earlier, and this arrangement allows the government to control the French clergy in appointing bishops. Combes fear of losing control over the church with a commitment to separation, but the result of events leaves him little choice:

  • first, in June 1903 , a majority of members decides that it is necessary to discuss a possible separation and is a committee which Aristide Briand was elected Rapporteur;
  • other hand, Pope Leo XIII died in July 1903 and his successor, Pius X , has no flexibility: the clashes between France and the Vatican are multiplying.

The prohibition of the teaching congregations conflicts with the pope leading to the severing of diplomatic ties between the French government and the papacy. And now we feel that there is more than a short step toward separation. In addition, the project matures quickly, because the pope directly affected by the measures that depend on the congregations of Rome, namely tackles Emile Combes.

The visit of President Emile Loubet in Italian king Victor Emmanuel III as the Vatican refuses to recognize is the straw that broke the camel's back: the Vatican is sending letters of protest to the anti-French European embassies. When the French government has echoed in May 1904, he immediately broke diplomatic relations with the Holy See.

The end of relations between the Republic and the Papacy makes the bankruptcy plan obsolete: the separation is therefore urgent, and Combes it agrees: it proposes a project without taking into account the work of the Committee Briand, but it is destabilized and forced resign by the scandal of the " case files ". It is the successor of Combes, Maurice Rouvier , who will conduct the separation to completion.

Preparations

The commission Buisson-Briand

The commission is composed of 33 members, 17 members support the separation, just the majority. It is chaired by Ferdinand Buisson , the rapporteur Aristide Briand. Ferdinand Buisson is the President of the National Association of Free Thinkers , famous for his fight for a secular and free education through the League of Education ; also committed large state, close to Jules Ferry , he created the noun of " secularism ". Aristide Briand, 43, member for 3 years, unbeliever. There are 5 executive members of the national association of freethinkers, what worries members Concordat.

We see the clash with supporters of a complete destruction of the Church, as Maurice Allard , Dejeante Sarraut or who want to control the Church by the State, remove his property, or managed by a "council Municipal Social Education. " Briand and Bush understand that a conciliation law is necessary to avoid a confrontation disaster.

Briand is the same contact with clergy, the fall of combisme gives weight to their ideas. Maurice Rouvier comes to the board, little about religious matters, he takes up the proposed commission to find a solution. Aristide Briand presents his plan on March 4 in the chamber. It is a remarkable text that has a long historical part, studies of situations of Catholic, Protestant and Jewish, a comparison with the legislation of other countries and present a project summary. After discussion it became the French law of separation of church and state.

The decisive action by the rapporteur Aristide Briand

The new bill introduced upon the formation of government Rouvier inspired much of the work of the commission headed by Aristide Briand, whose report was filed March 4, 1905. At the outset, Briand said the "fair and complete separation of church and state" as a necessary response to the political difficulties that divide France.

The task of Aristide Briand looks complex, it will have to convince some of the Catholic right that this law is not an act of persecution of the Church, without being too conciliatory in the eyes of a radical left or extreme-left which would eradicate the "Roman block.

Interests and issues are complicated, causing heated debates and passionate: left and right are divided, and we need all the oratorical skills of Aristide Briand to gather everyone around a text, at the cost of some compromise. Chance to Aristide Briand in the Chamber that many seem to have realized that the separation became inevitable, and his first victory is due to the fact that part of the Catholic Right agrees to advance the debate, not as that supporters of separation, but to get concessions that will make the separation less painful for Catholics.

Aristide Briand was indeed well aware that to vote if the law is one thing, enforcing them is another, and that separation law, passed by the left and refused by the Catholics would be unenforceable on the ground. That's why he wants to show that we should not make a law "pointed at the Church as a gun, but taking into account the remarks acceptable for Catholics.

The Battle of Article 4

We can consider that the largest stone supplied to the building of the separation lies in acceptance of Article 4 of the Act, as it has been subject of fears on both sides of the House Members : this is the item that is to say that, in the new regime that is the separation of religion, will return the movable and immovable property of the Church.

Catholics fear that the state does not want to disrupt the church and cause schisms, while Republicans are worried that it gives too much power in the Vatican in the choice of religious associations able to benefit from the vesting of Church, and may be based abroad. By dint of compromise and in particular declaring that the country will be the Republican common sense and fairness, Aristide Briand agreed to review some formulations of article 4 proposed by mile Combes. On 20 April 1905 , he told the House:

"We never thought of wresting from the Catholic Church for its heritage in offering premium schism that would be an act of disloyalty that is still very far from our thoughts , while Senator Clemenceau battle instead against what he considers submission to Roman rule . It deals Briand "Papalins socialist" and accused the new wording of article " . Despite this, he voted for the bill with a majority of the House.

Article 6 was also discussed. The original version provided that in case of conflict between various religious associations on the allocation of vested property, the civil courts would decide. Briand and Jaurs accepted the wish of anticlericalism transfer Arbitration Council of State , more dependent on government.

Voting and promulgation of the Law

Finally, and despite differences strong enough (the spirit of compromise demonstrated Briand was not enough to quiet the fears and protests of the Catholics, and having the same divided part of the radical left), the law was passed on 3 July 1905 by 341 votes against 233 to the House , and 181 against 102 in the Senate.

It was promulgated on 9 December 1905 (published in the Official Journal on 11 December 1905 ).

It puts an end to the notion of "recognized religion" and makes Churches private associations. In addition Article 4 holds the devolution of property of religious institutions to religious associations.

The law of separation and its consequences

First page of the bill of 1905

The content of the law

The new law puts an end to the Concordat of Napoleon in 1801 , which governed relations between the French government and the Catholic Church. Inventing the French secularism, she proclaims freedom of conscience and guarantee the free exercise of religion.

Article 1: "The Republic guarantees freedom of conscience. It guarantees the free exercise of religion , and the jurisdiction of the council as to churches and property were installed was treated by Marie-Christine Rouault, Dean of the Faculty of Law, political science and social Lille II from the decision of 4 November 1994 Council of State. The post-1905 buildings generally remain properties of religious associations, contractors during construction. Established under the 1905 Act, these associations whose object is the exclusive exercise of religion are of type 1901. They should not have other goals, including commercial. However, they have a significant tax advantage, leverage very significant. They can receive donations and bequests which are exempt from estate duty. These are the Prefects that grant for five years, the status of religious association. There are a significant number in France. The Catholic religion does voluntarily as a diocesan association, assimilated into French law to a religious association by diocese (corresponding to a department). Bishop plays a role. Diocesan associations have emerged in the 20s when the normalization of relations between the Catholic authorities and the State " .

On the federal and financial law has three major consequences:

  • The religious ministers (bishops, priests, pastors, rabbis ...) are no longer paid by the state (whereas before 1905 the budget was 40 million francs) and one loses the right to veto appointment of bishops, which will be reserved exclusively as nuncio of the Pope
  • The public institutions of religion are dissolved and replaced by religious associations , the latter will receive the proceeds of quests and collections for the expenses of worship, but shall in no case receive subsidies from the state departments or Commons.
  • Religious property owned by the state or municipalities since 1789 but the state still reserves the right to assign charge to representatives of the churches for religious worship. The law provides for separation and an inventory of movable and immovable property of factories and presbyteries before entrusting them with religious associations. In fact, this inventory will be estimated so (See: The turmoil of inventories).

A compromise legislation rejected by the Vatican

If the passage of the law contributes to appease the spirits, it is nevertheless severely criticized by Pius X ( our vehement ), which is opposed to all the terms of the law and rejects the establishment of religious associations ( Gravissimo officii Muner , August 1906). Parts of the French clergy (Bishop Louis Duchesne ), however, support the law, while another part of the Catholic right is violently opposed (including the new French action ). The Jews and Protestants ( Wilfred Monod ), meanwhile, welcome the law.

The episode that includes inventory turns out to be the last episode painful place once again in France on the brink of civil war. Indeed, the law of separation causes the resistance decided to Rome, which forbids Catholics to accept it and condemn a law that ended in a unilateral arrangement. In fact, because of the management of building maintenance by the state, the balance sheet will ultimately be positive for the Catholic Church (ironically, the Protestants who accepted the law are less advantaged), but this does will be visible until much later. On the one hand, ministers of religion, and especially the bishops gaining independence, no longer held accountable to the administration. On the other hand, the churches (but not Protestants) no longer dependent on them very costly maintenance of religious buildings (cathedrals, churches ...) existed before the 1905 law. As for those they are required to build after the 1905 law, they will be their full ownership.

The libraries of parishes, dioceses and seminaries are also annexed by the state. Assigned to different public libraries , they enrich their funds in some rare or valuable books, mainly about religious issues but not only.

Other traffic calming measures in the statute, the State provides the salaries of priests, recruited as civil servants before 1905, for four years. It indemnifies the loss of their status and facilitate the transition.

The storm inventory

Main article: Quarrel inventories.

Inventories of church property arouse resistance in some areas and Catholic traditionalists, including western France ( Brittany , Vendee ) and part of the Massif Central. Demonstrations opposed, while a circular in February 1906 states that "officers of the inventory will require the opening of tabernacles" and emotionally Catholics. On 27 February 1906 , several policemen were killed in the town of Monistrol-d'Allier. On 6 March at Boeschepe ( North ), another inventory ends with a new death. On 7 March 1906 , the firm Rouvier falls on this issue, leaving room for Ferdinand Sarrien.

It maintains Briand to his post, which requires that Clemenceau enters the government to have it with him rather than against it. Became Minister of the Interior, the "Tiger" notoriously anticlerical play appeasement, ending the feud inventories by a circular in March 1906 inviting the prefects to suspend inventory operations where they must do so by force, so there is no more than 5000 temples, out of 68 000, to inventory.

A divided France before easing

Demonstration in front of Notre-Dame des Champs.

The episode inventories was the last peak of high tension between Catholics and Republicans, although the conflict has continued on other aspects, to the period between the wars , appeased only by the compromise between Pie XI and the Republic through the creation of diocesan associations , the Pope is still refusing to accept the principle of religious associations.

We now understand that the scars resulting from this painful divorce between Church and State have to fill in a few years: it was sort of the mission of the next government, led by Armand Fallires (president), Georges Clemenceau (President of Council from 1906 to 1909) and Aristide Briand (Minister of Education and Religious Affairs).

Government Clemenceau

On the agenda of Clemenceau Cabinet , formed in October 1906, remains under the law of separation of church and state , strongly condemned by Pius X ( our vehement ). This raises further discussion, the Vatican doing everything to prevent the formation of religious associations which are supposed to be assigned to the church property.

Attacked by Maurice Allard , Aristide Briand , held at the Public Education and Religious Affairs, contends the 9 November 1906 pointing out that the separation law is a law of "appeasement" and claiming that the secular state "is not anti-religious "but irreligious . If the law is not enforced by December 1907, Briand said that based on the 1881 law on public meetings in order to maintain the possibility of a lawful exercise of religion. By circular of 1 December 1906 , he said that statement must suffice for this exercise. On 11 December the Council of Ministers recalls that in case of non-reporting (annual), the offenses will be noted: the papal intransigence threatens to create a "crime of mass." Montagnini Bishop , head of the Apostolic Nuncio the street from the Elysee , was expelled by being accused of inciting conflict.

On 21 December 1906 , a new debate, during which accuses the Vatican of Briand advocate intransigence to awaken "the sleeping faith in indifference" led to the law of 2 January 1907 which aims to make it impossible to exit legality of Catholics "do whatever Rome" . This law concerning the exercise of public worship, settles the question of buildings belonging to the bishoprics and "factories" (as we called the Catholic associations which managed the parish property).

Pope denounces again, the government talks of "ultimatum" ... and finally, by the Act of March 28, 1907, authorizes public meetings, regardless of purpose, with no prior declaration. In addition, more than 30,000 buildings are made freely available to churches, and tones of bells explicitly permitted. In general, administrative jurisprudence legitimate public protests which meet local traditions and habits (religious funerals, etc.).

The position of appeasement of the government is confirmed by the Act of April 13, 1908, which sees the church as communal property and includes clerics mutuals (for pensions, etc.). . All this will however only be accepted by the Vatican after- war with the compromise drawn up by Pius XI and the government, " a href = "% C3% Associations_dioc A9saines & action = edit & RedLINK = 1" class = "new" title = "Diocesan Associations (non-existent page)"> diocesan associations " Postwar

It was during the First World War that the religious question is relegated to the background and the " Sacred Union "brings together a France united under the banner lights. At the end of the war, the government decided at once to transfer to the Pantheon in Paris at the heart of Gambetta , illustrious founder of the Republic and to honor the memory of Joan of Arc , proclaiming national holiday on the second Sunday of May.

Diplomatic relations were restored with the Vatican, including the new Pope Benedict XV proves far more conciliatory than Pius X , including a promise to visit Paris before the appointment of bishops. For its part, the French state grants to diocesan associations under the authority of bishops, the status of "religious associations": in other words, the bishops recognize as legitimate interlocutors. Alsace and Lorraine to France attached are maintained in the Concordat status they had in 1870, when annexation to Germany. The militant anticlericalism declines and eventually die.

The religious strife threatens to turn back after the success of the Cartel of the Left in the parliamentary May 11, 1924. The latter decided in fact, initially, to extend the Concordat to Alsace-Lorraine. The Catholic bishops are mobilizing with the help of General de Castelnau , head of the National Catholic Federation , and the government waives challenge the previous arrangements. The militant anticlericalism eventually decline, however, found that churches with their freedom, a new force.

Review and Prospects

Immediate Consequences

The vote and the enforcement of separation were the last stages of the movement of secularization and secularization begun in 1789. On 9 December 1905 is a date that ends the capital Napoleonic concordat, but also and above all the ancient unity between the Catholic Church in France and political power: the law of separation invented secularism to the French.

To manage the movable places of worship, conservation of antiquities and art objects were created in each county, by the decree of 11 April 1908.

Case of Alsace-Moselle

The Alsace and Moselle are not French at the time of the promulgation of the law, they still have a special status, a sort of last legacy of the composition, the bishops, priests, rabbis and pastors still being treated as civil servants and building maintenance paid by the state.

Recent Reforms

In 2000, Article 30 prohibits religious instruction during school hours in public schools was repealed (Order 2000-549 of 15 June 2000, Article 7-24).

In 2003, the law undergoes a change as regards the wearing of conspicuous religious symbols in schools. This suggestion has provoked considerable criticism in some quarters French politicians, who fear a return to a union of state and religion, and reintegrating religion in the public domain.

In 2004, the eve of the centenary of the law based republican secularism, Nicolas Sarkozy , then Minister of Economy, and from his position as Minister of the Interior and Religious Affairs, questioned in a book entitled The Republic, Religions, Hope, about a possible change in the law, without questioning its foundations.

It proposes to give the State the means to control effectively the funding of religion, especially Muslim, currently funded largely by powerful Islamic Near and Middle Eastern. This control would, he said, releasing the cult French Muslim extremist Guardianship and so limit the power of extremism and terrorism within the French mosques. This control would involve as a side effect of the facilities granted by the State for training officers of worship, for example through provision of teachers for secular subjects for the training of priests, pastors or imams. References

  1. Winock Michel Clemenceau, Editions Perrin, 2007, p.317
  2. a , b and c Winock Michel Clemenceau, Editions Perrin, 2007, p.318-319
  3. Les Petites Affiches n 111, September 16, 1994
  4. in Les Petites Affiches n 11 of January 25, 1995
  5. Les Echos, September 8, 1998
  6. Winock Michel Clemenceau, 2007, p. 346
  7. a , b and c Winock, 2007, op. cit., p. 346 ff.
  • John Sevilla, when Catholics were outlawed, Perrin, France, February 2005, 332 p. ( ISBN 2-262-02196-1 )

See also

Related Links

External Links

Bibliography

  • Jean Marie Mayeur, The Separation of Church and State, Paris, Colin, Collection "archives Julliard, 1998. Reprinted with additions ditions de l'Atelier in January 2005.
  • Jean Bauberot , Secularism 1905-2005, between passion and reason, Le Seuil , Paris, 2004.
  • Damien Andre , Yves Bruley , Dominique de Villepin and Jean-Michel Gaillard , 1905, the separation of Church and State: The founding texts, Academic Bookstore Perrin, Paris, 2004.
  • Mr. Larkin, Church and State in France, 1905: the crisis of separation, Privat, Toulouse, 2004.
  • John Sevilla, "When the Catholics were outlawed, Paris, Perrin Academic Bookstore, 2005. ISBN: 2262021961
  • Jean-Paul Scot, "Understanding the 1905 law on separation of church and state" Threshold Points 05/2005
  • Jean-Michel Ducomte, The Act of 1905, when the state is separated churches, Toulouse, Milan, collection "The Essentials", 2005.
  • Mr. Tacel, Restorations, revolutions, nationalities (1815-1870), Masson, 1990.
  • F. Half, the France of the nineteenth century, 1814-1914, Paris, Seuil, "dot history", 2000.
  • Marc Villemain spirit cleric - mile Combes or the Way of the Cross of the devil, Fondation Jean-Jaurs, 1999.

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