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Law & Courts

Chirac Proposal on Religious Garb Stirs Debate

By Claire Guimbert & Mary Ann Zehr 鈥 January 07, 2004 3 min read
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A recent call by French President Jacques Chirac for a law prohibiting French public school children from wearing conspicuous religious symbols has placed the issue of public schools and religious expression on an international stage.

Mr. Chirac stated his position in a Dec. 17 speech. He argued that symbols such as large Christian crosses, Muslim head scarves, and Jewish yarmulkes 鈥渄on鈥檛 belong in public schools. Public schools must remain secular.鈥

Mr. Chirac specified that less visible religious symbols, such as small crosses worn by Christians or the 鈥渉ands of Fatima鈥 worn by Muslims, should be permitted in schools. He did not, however, agree with a presidential commission鈥檚 recommendation that France鈥檚 public schools honor non-Christian holidays, such as those observed by Jews and Muslims.

Some international scholars and a U.S. official portrayed the French president鈥檚 position on religious garb as too restrictive.

Charles Glenn, a professor of education policy at Boston University, has studied European countries鈥 policies on religious dress in public schools. He noted that American leaders have tended not to see Jewish yarmulkes or Muslim head scarves as a political issue, as is the case in France.

鈥淚t鈥檚 interesting, that in the United States, which is just as determined [as France] to keep religion out of schools, the hijab [head covering] doesn鈥檛 appear to be an issue because we tend to see things like that as cultural and in the realm of freedom of the student,鈥 he said.

The U.S. Department of Education clarified federal policy on religion in public schools in a 1998 memo. A section on 鈥渟chool garb鈥 states that 鈥渟chools may not single out religious attire in general, or attire of a particular religion, for prohibition or regulation.鈥

Mr. Glenn pointed out that countries such as Germany and the Netherlands permit schoolchildren to wear Muslim head coverings and other religious symbols.

The wearing of Islamic dress by a teacher recently became controversial in Germany. The country鈥檚 highest court has since ruled that it is up to individual states to decide if teachers could wear religious dress in public schools. In response, six of Germany鈥檚 16 states have vowed to pass laws banning Muslim head scarves, according to news reports.

President Chirac鈥檚 position on religious garb follows the recommendations of the commission, which he appointed in July to explore the issue of such dress and adornment in public schools. The issue has been controversial in France for more than a decade.

鈥楢 Mourning Day鈥

The commission said in a Dec. 11 report that allowing students to wear religious symbols wasn鈥檛 compatible with the secular principles of French public schools.

鈥淎t stake is the possibility of giving space to new religions in France while succeeding to make their members become French citizens,鈥 the panel said. 鈥淭he purpose is also to fight against political or religious manipulation.鈥

The French Council of the Muslim Faith rejected Mr. Chirac鈥檚 proposal. Charafeddine Mouslim, a member of the council, said in an interview in Bordeaux: 鈥淒ecember 17, 2003, is a mourning day for French Muslims. Muslims are stigmatized today in France.鈥

He said that the president鈥檚 position on allowing Muslims to wear the hands of Fatima showed Mr. Chirac wasn鈥檛 knowledgeable about Islam. Experts on Islam tradition point out that the symbolism in the hands of Fatima, who was Mohammed鈥檚 daughter, is more cultural than religious.

鈥淚t proves that French politicians do not understand anything about Islam,鈥 he said.

Mr. Chirac鈥檚 stance drew criticism by the Bush administration. John V. Hanford, the administration鈥檚 top official on issues of religious freedom, said at a Dec. 18 news briefing: 鈥淎 fundamental principle of religious freedom that we work for in many countries of the world, including on this very issue of head scarves, is that all persons would be able to practice their religion and their beliefs peacefully, without government interference, as long as they are doing so without provocation and intimidation of others in society.鈥

Mr. Chirac argued that a ban on wearing religious dress or items in public schools would be justified because, in France, 鈥減ublic schools are a sanctuary of the republic.鈥

Coverage of cultural under-standing and international issues in education is supported in part by the Atlantic Philanthropies.

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