page_title: 1905 French law on the Separation of the Churches and the State
section_title: Politics
hierarchical_section_title: 1905 French law on the Separation of the Churches and the State / Politics
caption_attribution_description: Caricature from "Le Rire". The cropped caption said: "Et M. Bienvenu-Martin continue toujours avec beaucoup de Briand son opération chirurgicale." (:fr:Séparation des Églises et de l'État en 1905) (:en:1905 French law on the separation of Church and State)
context_page_description: The 1905 French law on the Separation of the Churches and State was passed by the Chamber of Deputies on 9 December 1905. Enacted during the Third Republic, it established state secularism in France. France was then governed by the Bloc des gauches led by Emile Combes. The law was based on three principles: the neutrality of the state, the freedom of religious exercise, and public powers related to the church. This law is seen as the backbone of the French principle of laïcité. It is however not applicable in Alsace and Moselle.
context_section_description: The leading figures in the creation of the law were Aristide Briand, Émile Combes, Jean Jaurès and Francis de Pressensé.
  The 1905 French law on the Separation of the Churches and the State declared that cathedrals remained the property of the state and smaller churches that of the local municipal government. Those public authorities had to hand over the buildings to religious organizations (associations cultuelles) representing associated formed of laymen, instead of putting them directly back under the supervision of the church hierarchies.
  These laymen associations created under the 1905 French law on the Separation of the Churches and the State were independent legal entities having rights and responsibilities in the eyes of the law in all matters appertaining to money and properties formerly owned in France by organized religions: churches and sacred edifices, ecclesiastical property, real and personal; the residences of the bishops and priests; and the seminaries.  These laymen associations were also authorized by the law to act as administrators of church property, regulate and collect the alms and the legacies destined for religious worship. The resources furnished by Catholic liberality for the maintenance of Catholic schools, and the working of various charitable associations connected with religion, were also transferred to lay associations.
  Implementation of the law was controversial, due in some part to the anti-clericalism found among much of the French political left at the time. The law angered many Roman Catholics, who had recently begun to rally to the cause of the Republic, supported by Leo XIII's Inter innumeras sollicitudines 1892 encyclical (Au Milieu des sollicitudes) and the Cardinal Lavigerie's toast in 1890 favour of the Republic. However, the concept of laïcité  progressively became almost universally accepted among French citizens, including members of the Catholic Church who found greater freedom from state interference in cultural matters, now that the government had completely stripped itself of its former Catholic links. The Affaire Des Fiches produced a considerable backlash, after it was discovered that the Combes government worked with Masonic lodges to create a secret surveillance of all army officers to make sure devout Catholics would not be promoted.
  A few French politicians and communities have more recently questioned the law, arguing that, despite its explicit stance for state secularism, it de facto favors traditional French religions, in particular the Catholic Church, at the expense of more recently established religions, such as Islam. Indeed, most Roman Catholic churches in the country were built well before the enactment of the 1905 French law on the Separation of the Churches and the State, and thus are maintained at full public expense, although not always on time and to the extent that the church would like. With the exception of the historically anomalous Alsace-Lorraine, followers of Islam and other religions more recently implanted in France instead have to build and maintain religious facilities at their own expense. This was one of the arguments used by Nicolas Sarkozy, when he was Minister of Interior, to controversially argue in favour of funding other cultural centers than those of Catholicism, Protestantism and Judaism. In 2016, President Hollande proposed a temporary ban on foreign funding for mosques and shut down at least 20 mosques found to be "preaching radical Islamic ideology". These actions are consistent with Title V, Articles 26, 29, and 35 of the law.
caption: A caricature of Jean-Baptiste Bienvenu-Martin, Minister of Public Instruction, forcing the separation.
exif: {}