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Chapter 2. the Governance of Religion in France and the Netherlands

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UvA-DARE (Digital Academic Repository) Constructing mosques : the governance of Islam in France and the Netherlands Maussen, M.J.M. Publication date 2009 Link to publication Citation for published version (APA): Maussen, M. J. M. (2009). Constructing mosques : the governance of Islam in France and the Netherlands. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:26 Sep 2021 CHAPTER 2 The governance of religion in France and the Netherlands. Institutional arrangements, traditions and principles 2.1. Introduction National models for the governance of religion are a policy legacy that has grown out of a his- tory of relations between church and state and that has become entrenched in a country’s politi- cal culture and institutions, including constitutional and legal regulations. National models can be analysed at the level of principles “that work together to create an approach to church-state relations” (Monsma and Soper 1997: 156). In that perspective the French church-state regime can be said to correspond to an ideal-typical model of strict separation and the Dutch regime to one of structural pluralism. However, in the real world national models are not uniform and straightforward. Because they have developed over time and are shaped by the interactions between various traditions, church-state regimes are internally heterogeneous and fairly am- biguous. In addition, religious policies and guiding principles vary between societal spheres and policy domains. Focussing on these observations, the introduction of French and Dutch church-state regimes in this chapter situates foundational principles in the context of several historical traditions and their development over time, and discusses ambiguities that are a part of these national models. The institutional framework for the financing of houses of worship are discussed more elaborately because this aspect of church-state regimes is of particular relevance for public policy responses to mosque creation. 2.2. Church-state relations in France: institutional repertoires and principles in their historical context The French church-state regime is usually described in terms of the principle of laïcité, or secu- larism. I will argue that in actual fact three principles work together, though not necessarily in harmony, to create a distinctively French approach to the governance of religion.48 Firstly, the French state traditionally, and in varying ways and degrees, regulates and controls organised religion (le culte). This “Gallican” element goes back to the tradition of the Gallican Church, but it also underlay the Napoleonic approach and has continued to justify state intervention in the sphere of religion after 1905. The second element is Republicanism, a particular way of thinking about the individual, the state, and society. Republicanism has shaped French ideas about the ap- propriate place and boundaries of religion in society, including the distinction between organised forms of religion (le culte) and private forms of belief and faith (croyance) (Bowen 2006: 11- 48. For the discussion of the French church-state regime I draw extensively on the following studies: Baubérot 1998, 2000 and 2004; Le Tourneau 2000; Koenig 2003; Hafiz and Devers 2005; Fetzer and Soper 2005; Bowen 2006 and 2007. See also Boyer 1993; and Baubérot and Mathieu 2002. Chapter 2 – The governance of religion in France and the Netherlands 43 20). Third, the idea that principles such as equal treatment, state neutrality and the separation of church and state should be interpreted in a strictly secularist way. Many in France will argue that strict secularism means that religion belongs to the private sphere. A historical reconstruction can help to understand the way these principles work together to create an approach to church-state relations that is distinctively French, without it necessarily being unequivocal (Bowen 2007). The tradition of state control over organised religion began with the continuous struggles between the French monarchs and the popes in Rome over spiritual and temporal authority, go- ing back at least as far as the reign of Philip Le Bel (1268-1314). The formation of a Gallican or French Church enabled the sovereign king to control the affairs of the church.49 Another forma- tive experience in the early modern period were the religious wars (1562-1598) resulting from the Reformation and Counter-reformation. These violent reactions to the emergence of religious diversity within European Christendom not only contributed to the failure of the reformation in France, but also hindered the formation of experiences of mutual adaptation and religious toleration as happened elsewhere in Europe.50 The revocation of the Edict of Nantes by Louis XIV in 1685 led to a new period of religious violence and the religious dominance of Catholicism was maintained by force until late in the 18th century. In the period before the revolution of 1789 there had hardly been any experience with peaceful accommodation of religious pluralism in France. There was also no outspoken French philosophical tradition of defence of religious tolerance.51 Instead, the French Enlightenment came to be known for its critiques of the church. The French Revolution greatly affected the subsequent developments of church-state pat- terns, notably by its individually-oriented understanding of the value of religious freedom, its Republican view of the democratic process, and the view of outwardly expressed religion in the public sphere as a threat to the political order. The Declaration of the Rights of Man and Citizen (1789) mentioned religious freedom in article 10, but significantly emphasised individual free- dom of conscience and expression: “No one may be troubled on account of his or her opinions, even religious ones, provided that their manifestation does not disturb the public order established by law”.52 Another important element in the Revolution was the establishment of Republicanism as a political doctrine and the related unsympathetic view of the public role of organised religion. The French republican tradition, strongly indebted to the political philosophy of Jean-Jacques Rousseau, claimed that the state could liberate the citizens from their particularistic – regional, religious, communal – group loyalties and make them into “universal” members of the sovereign nation.53 Organised religion risked destabilizing the political community because it gave the 49. The formation of a Galician church was confirmed in the Concordat of 1516 and restated in the Declaration of the Clergy of France in 1682. Rulings of the pope required royal consent in France (Le Tourneau 2000; Bowen 2006: 21ff.). 50. See Martin 1978. 51. Kaplan 2007. 52. Baubérot (2000: 6ff.) observes that the French declaration of 1789 does not mention God as the founder of human rights. This in contrast to the American declaration of independence of 1776 (“We hold these truths to be self- evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights”). 53. Koenig (2003: 98) observes that Republicanism comprises the idea that the individual should “unabhängig von seinen sonstigen zivilgesellschaftlichen Bedingungen in den durch die souveräne Nation legitimierten Staat einbezogen wärden”. 44 Constructing Mosques people “two codes of legislation, two rulers, and two countries” (Rousseau 1973: 272).54 The Civil Constitution of the Clergy of 1790 required priests to take a new oath to uphold the consti- tution. The Revolution also abolished the Christian calendar and introduced a so-called “religion of the Republic” with its own ceremonies, cults and goddess of Reason (Fetzer and Soper 2005: 69).55 During the period of Terror anti-clerical elements gained in influence: the possessions of the Catholic Churches were disowned, Catholic congregations were outlawed and thousands of priests who refused to plead allegiance were deported or murdered. The relationships between church and state were altered when Napoleon Bonaparte ac- ceded to power in 1799 (the 18th Brumaire) and concluded a Concordat with Pope Pius VII in 1801. In this agreement the French government recognised Catholicism as the “religion of the great majority of French people”. The French government would appoint Catholic bishops, but these would be canonized by the pope. Besides the Catholic Church, the Lutheran and Calvinist religions were also officially recognised as organised religions (cultes) in 1802, through articles that Napoleon attached to the text of the Concordat, and Judaism followed in 1808 (Bowen 2006: 23). The state would from now on pay the salaries of the Catholic, Lutheran,
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