Religious Freedom and Laïcité: A Comparison of the United States and France

The word laicite is used in France to summarize prevailing beliefs regarding the proper relationship between religion and the French state. A term that plays a similar role in the US, albeit with a very different meaning, is "religious freedom." This article compares the French doctrine of laicite and the American doctrine of religious freedom at three different levels, but without analyzing their constitutionality per se. It first compares the rhetoric in which the two doctrines are commonly described, and compares the historical backgrounds in which the two doctrines emerged. The last two parts of the article examine how the doctrines have been applied to contemporary issues relating to religious expression in public schools. The political and social events in France leading to the adoption of the religious clothing ban are examined, followed by an analysis of a report issued by the presidentially appointed Stasi Commission. The article then turns to the US, where it examines the historical background of the adoption of the Pledge of Allegiance, followed by an analysis of the dissenting opinions in the Newdow case.