Law & Courts

Chirac Proposal on Religious Garb Stirs Debate

By Claire Guimbert & Mary Ann Zehr — January 07, 2004 3 min read
  • Save to favorites
  • Print

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 “don’t belong in public schools. Public schools must remain secular.”

Mr. Chirac specified that less visible religious symbols, such as small crosses worn by Christians or the “hands of Fatima” worn by Muslims, should be permitted in schools. He did not, however, agree with a presidential commission’s recommendation that France’s 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’s position on religious garb as too restrictive.

Charles Glenn, a professor of education policy at Boston University, has studied European countries’ 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.

“It’s interesting, that in the United States, which is just as determined [as France] to keep religion out of schools, the hijab [head covering] doesn’t appear to be an issue because we tend to see things like that as cultural and in the realm of freedom of the student,” he said.

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

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’s 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’s 16 states have vowed to pass laws banning Muslim head scarves, according to news reports.

President Chirac’s 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.

‘A Mourning Day’

The commission said in a Dec. 11 report that allowing students to wear religious symbols wasn’t compatible with the secular principles of French public schools.

“At stake is the possibility of giving space to new religions in France while succeeding to make their members become French citizens,” the panel said. “The purpose is also to fight against political or religious manipulation.”

The French Council of the Muslim Faith rejected Mr. Chirac’s proposal. Charafeddine Mouslim, a member of the council, said in an interview in Bordeaux: “December 17, 2003, is a mourning day for French Muslims. Muslims are stigmatized today in France.”

He said that the president’s position on allowing Muslims to wear the hands of Fatima showed Mr. Chirac wasn’t knowledgeable about Islam. Experts on Islam tradition point out that the symbolism in the hands of Fatima, who was Mohammed’s daughter, is more cultural than religious.

“It proves that French politicians do not understand anything about Islam,” he said.

Mr. Chirac’s stance drew criticism by the Bush administration. John V. Hanford, the administration’s top official on issues of religious freedom, said at a Dec. 18 news briefing: “A 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.”

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

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

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Reflections on Evidence-Based Grading Practices: What We Learned for Next Year
Get real insights on evidence-based grading from K-12 leaders.
Content provided by Otus
Artificial Intelligence K-12 Essentials Forum How AI Use Is Expanding in K-12 Schools
Join this free virtual event to explore how AI technology is—and is not—improving K-12 teaching and learning.
Federal Webinar Navigating the Rapid Pace of Education Policy Change: Your Questions, Answered
Join this free webinar to gain an understanding of key education policy developments affecting K-12 schools.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court to Weigh Discrimination Standard for Some Special Education Cases
The U.S. Supreme Court will consider what legal standard must be met for proving discrimination against students with disabilities.
9 min read
The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024.
The U.S. Supreme Court as seen on Dec. 17, 2024. The court will hear arguments on April 28 in a case about the legal standard for discrimination for two federal disability-rights laws and how they play out in schools.
J. Scott Applewhite/AP
Law & Courts Trump Can't Enforce Anti-DEI Directives in Schools, 3 Judges Say
Three judges, including two Trump appointees, said the administration had overstepped its authority in its efforts to rid schools of DEI.
7 min read
Sarah Hinger (center), deputy director of the ACLU Racial Justice Program, takes questions from reporters after oral arguments in a lawsuit in the U.S. District Court of New Hampshire seeking to block the Trump administration from requiring public schools to end DEI programs on April 17, 2025.
Sarah Hinger (center), deputy director of the ACLU racial justice program, takes questions from reporters after oral arguments in a lawsuit in the U.S. District Court of New Hampshire seeking to block the Trump administration from requiring public schools to end DEI programs on April 17, 2025. Two federal judges on Thursday issued orders limiting the Trump administration's ability to enforce its anti-DEI directives to schools and colleges.
Courtesy of Ethan DeWitt/New Hampshire Bulletin
Law & Courts Supreme Court Leans Toward Parents on Opt-Outs for LGBTQ+ Lessons
The U.S. Supreme Court took up a case on whether religious parents may remove their children from public school lessons on LGBTQ+ topics.
6 min read
A selection of books featuring LGBTQ characters that are part of a Supreme Court case are pictured, Tuesday, April, 15, 2025, in Washington.
A selection of books featuring LGBTQ+ characters that are part of a U.S. Supreme Court case are pictured on April, 15, 2025, in Washington.
Pablo Martinez Monsivais/AP
Law & Courts Supreme Court Faces Big Test on Religious Students' Opt-Outs From LGBTQ+ Books
The justices will weigh whether a school district must allow parents with religious objections to LGBTQ+ books to excuse their children.
9 min read
Jeff Roman works on homework with his son.
Jeff Roman, a parent who has religious concerns about LGBTQ+ storybooks used in the Montgomery County, Md., school district, works on homework with his son.
Courtesy of Becket Fund for Religious Liberty