Le principe de neutralité confessionnelle de l'État

Abstract

French as well as European law concerning religious beliefs or activities gives more and more a central position to the principle of State neutrality towards religions. This principle is now recognized as corresponding to the legal signification of the constitutional principle of “laïcité” (“secular state”) and tends to prevail over the principle of separation which appears only as one possible modality of implementation of this objective of neutrality.But what is the content and what are the implications of this principle of religious neutrality of the State? Some consequences are indisputable like the absence of identification of the state with religious convictions or the exclusion of discrimination on religious grounds. But does this principle for instance require completely equal treatment of all religious beliefs? How can it be combined with state support of ethical, cultural, or political conceptions? In many cases there is no consensus or legal certainty on the way to apply this principle.At the end of the day one can doubt of its solidity. It expresses essentially the idea of restraint of the State concerning religious questions and its concern for religious pluralism but seldom gives clear directions to solve contemporary questions related to public management of religious activities.