The French Council of State has ordered that a ban on public worship be lifted, ruling that it constitutes a “serious and manifestly unlawful attack” on freedom of worship.
On May 18, the State Council ruled that the general and absolute ban on all gatherings in churches, temples, synagogues, and mosques, while perhaps acceptable in the first phase of the fight against the coronavirus pandemic, is “disproportionate” during the period of reopening.
The government now has a week to relax the ban on public religious ceremonies in places of worship, which has been in force since March 15.
In the eyes of France’s highest administrative court, this prohibition interfered unlawfully with religious freedom, one of whose components is the right to participate collectively in religious ceremonies.
The Council of State enjoined Prime Minister Edouard Philippe to replace the outright ban with “measures strictly proportionate to health risks” in alignment with those regulated other similar activities. Subject to certain conditions, therefore, religious worship should be able to resume shortly, at least in certain parts of the territory.
The French bishops’ conference (CEF) has been pushing unsuccessfully for a relaxation of the ban since May 11, making specific proposals as to how to resume worship while adhering to safety measures common to all. The prime minister rejected these proposals, originally setting the resumption of worship for June 2, then moving it to May 29.
In its ruling, therefore, the Council of State has resolved tensions between the French bishops and the government, coming down on the side of the representatives of the Catholic Church.
The decision underscored the arbitrariness of the prime minister’s targeted ban on worship, since gatherings of fewer than 10 people have been permitted in other circumstances.