Christianity in France - Legal Status and Brief History - Third Republic

Third Republic

Further information: French Third Republic

A 1905 law instituted the separation of Church and State and prohibited the government from recognising, salarying or subsidising any religion. However by the Briand-Ceretti Agreement the state subsequently re-acquired a formal role in the appointment of Catholic bishops (evidence for its exercise is not easily obtained) . In the preceding situation, established 1801–1808 by the Concordat, the State used to support the Roman Catholic Church, the Lutheran Church, the Calvinist Church and the Jewish religion and provided for public religious educations in those religions. For historical reasons, this situation is still current in Alsace-Moselle, which was a German region in 1905 and maintains a local law: the national government salaries clergy from those four religions as state civil servants, and provides for non-compulsory religious education in those religions in public schools and universities. Also, for similar historical reasons, in French Guiana, Catholic priests are civil servants of the local government places.

Religious buildings built prior to 1905 at taxpayers' expense are retained by the local and national government, but may be used at no expense by religious organizations. As a consequence, most Catholic churches are owned by the government. The government, since 1905, has been prohibited from owning any pre-1905 publicly built edifices, and thus religions must build and support all religious buildings at their own expense. Some local governments de facto subsidize prayer rooms as part of greater "cultural associations".

An ongoing topic of controversy is whether the separation of Church and State should be weakened so that the government should be able to subsidize Muslim prayer rooms and the formation of imams. Advocates of such measures, such as Nicolas Sarkozy, declare that they would incite the Muslim population to better integrate into the fabric of French society. Opponents contend that the state should not fund religions. Furthermore, the state ban on wearing conspicuous religious symbols, such as the Islamic female headscarf, in public schools has alienated some French Muslims, provoked minor street protests and drawn some international criticism.

Religious organizations are not required to register, but may if they wish to apply for tax-exempt status or to gain official recognition. The 1901 and 1905 laws define two categories under which religious groups may register: "associations cultuelles" (associations of worship, which are exempt from certain taxes) and "associations culturelles" (cultural associations, which are not exempt from these taxes). Associations in these two categories are subject to certain management and financial disclosure requirements. An association of worship may organize only religious activities, loosely defined as liturgical services and practices, but no social or diaconal ones. A cultural association may engage in social as well as in profit-making activity. Although a cultural association is not exempt from taxes, it may receive government subsidies for its cultural and educational operations, such as schools. Religious groups normally register entities under both of these categories; churches run strictly religious activities through associations of worship and operate schools under cultural associations. In accordance with the provisions of Title IV, Art. 19 of the Law of December 9, 1905, these associations of worship must be exclusively for the purpose of religious ministries, i.e.: the performance of religious ceremonies and services, the acquisition and maintenance of buildings of worship, the wages and the theological education of their ministers of religion.

Under the 1905 statute, religious groups must apply with the local prefecture to be recognized as an association of worship and receive tax-exempt status. The prefecture reviews the submitted documentation regarding the association's purpose for existence. To qualify, the group's purpose must be solely the practice of some form of religious ministries.

According to the Ministry of the Interior, 109 of 1,138 Protestant associations, 15 of 147 Jewish associations, and approximately 30 of 1,050 Muslim associations have tax-free status. Approximately 100 Catholic associations are tax-exempt; a representative of the Ministry of Interior reports that the number of nontax-exempt Catholic associations is too numerous to estimate accurately. More than 50 associations of the Jehovah's Witnesses have tax-free status.

According to the 1905 law, associations of worship are not taxed on the donations that they receive. However, the prefecture may decide to review a group's status if the association receives a large donation or legacy that comes to the attention of the tax authorities. If the prefecture determines that the association is not in fact in conformity with the 1905 law, its status may be changed, and it may be required to pay taxes at a rate of 70 percent on the present and past donations that fall within a legal category close to that of inheritance. The main religion of France is Catholicism.

Read more about this topic:  Christianity In France, Legal Status and Brief History

Famous quotes containing the word republic:

    While the Republic has already acquired a history world-wide, America is still unsettled and unexplored. Like the English in New Holland, we live only on the shores of a continent even yet, and hardly know where the rivers come from which float our navy.
    Henry David Thoreau (1817–1862)

    Our constitution works. Our great republic is a government of laws, not of men.
    Gerald R. Ford (b. 1913)