In a case involving the Catholic Church’s dismissal of a deacon, France’s Court of Cassation ruled that the church’s actions were governed by internal religious rules—holding that benefits tied to religious ministry are not contractual and fall outside the scope of civil judicial review.
“France continues to wield a specific interpretation of secularism to target and intimidate religious groups.”
In France, religious freedom and church-state separation are foundational, written into two major documents. The first, the 1789 Declaration of the Rights of Man and of the Citizen, states: “No one may be disturbed on account of his opinions, even religious ones, as long as the manifestation of such opinions does not interfere with the established Law and Order.”
The French 1905 law on the separation of church and state set clear boundaries between government and religious organizations and asserted: “The Republic assures freedom of conscience.”
Too often, however, the French government has ignored those laws, regulating—sometimes even banning—religious activity.
In January 2023, for example, France passed a law granting officials the power to use “special techniques” to investigate religious minorities it labeled “cults.” Those found guilty of “exploitation” through “sectarian” activities could face up to 1 million euros in fines and seven years in prison.
Later that year, the United States Commission on International Religious Freedom (USCIRF) expressed its concern over France’s decision to prohibit the wearing of Muslim religious garb in public schools. USCIRF’s chair at the time, Abraham Cooper, said: “The [French] government is encroaching on religious freedom. France continues to wield a specific interpretation of secularism to target and intimidate religious groups, particularly Muslims.”
Then, in December 2023, according to USCIRF, the French senate began advancing draconian legislation “aimed at strengthening the fight against sectarian aberrations”—in reality, a move to persecute religious minorities—by creating a new crime: “psychological subjugation.” It became law in May 2024.
That July, Amnesty International condemned France’s hijab ban on its Olympic athletes, which barred French Muslim women—but not athletes from other countries—from wearing the religious garment.
A letter signed by Amnesty International and 10 other human rights organizations demanded the ban be lifted, stating: “The hijab bans in sports have resulted in many Muslim athletes being discriminated against, invisibilised, excluded and humiliated, causing trauma and social isolation—some have left or are considering leaving the country to seek playing opportunities elsewhere.”
The Court of Cassation’s recent decision is a refreshing and long overdue departure from France’s practice of interfering with religions, offering hope for a future where all faiths and their followers can practice freely in the land of liberté, égalité, fraternité.
