The government has eight days to relax the ban on public religious ceremonies in places of worship, in effect since March 15. The Council of State ruled on Monday May 18 that the general and absolute ban on all gatherings in churches, temples, synagogues and mosques, if it could be admitted in the first phase of the fight against the epidemic of Covid-19, east “Disproportionate” in times of deconfinement. In the eyes of the highest administrative court, it therefore constitutes a “Serious and manifestly unlawful interference” freedom of worship, a fundamental freedom, one of the components of which is the right to participate collectively in ceremonies, particularly in places of worship.
The Council of State therefore enjoins the Prime Minister to replace this outright ban with “Measures strictly proportionate to health risks” as they are apprehended at this beginning of deconfinement, where other activities have been authorized to resume. Supervised and subject to conditions, religious celebrations should therefore be able to resume shortly, at least in certain parts of the territory.
By this decision, the Council of State settled a subject of tension between the Conference of Bishops of France (CEF) and the government, by agreeing with the representatives of the Catholic Church. Since May 11, the CEF has been trying to get religious ceremonies can also resume, in compliance with health protocols. The episcopate has made proposals to this effect to the government. But this prospect was dismissed by Edouard Philippe, who first set the resumption of worship on June 2, then May 29, before Christophe Castaner evokes a resumption ” by the end of the month “.
The CEF did not appeal against the maintenance of the ban. But several traditionalist or identity organizations of Catholicism have seized the Council of State. Civitas, the Christian Democratic Party, Agrif (General Alliance against Racism and for the Respect of French Identity), the Fraternité sacerdotale Saint-Pierre and the Fraternité sacerdotale Saint-Pie X, among others, called for the repeal of a provision of two decrees of May 11 stating that “Any gathering or meeting” within religious establishments ” forbidden “, with the exception of funeral ceremonies “Authorized within the limit of twenty people”.
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