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

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 What Schools Need to Know About the Supreme Court’s Transgender Sports Ruling
The justices upheld two state laws that bar transgender girls from participating in female sports.
10 min read
A group prays outside of the Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, on Capitol Hill in Washington.
A group prays outside of the U.S. Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, in Washington. The court upheld two state laws barring transgender girls from joining girls' school sports teams.
Jose Luis Magana/AP
Law & Courts Judges Strike Down Trump Admin.'s Student Loan Forgiveness Overhaul
Two judges sided with advocates who said the program risked becoming a tool for political retribution.
3 min read
In this May 5, 2018, file photo, graduates at the University of Toledo commencement ceremony in Toledo, Ohio.
Graduates at the University of Toledo commencement ceremony in Toledo, Ohio, on May 5, 2018. Two judges have ruled against the Trump administration's overhaul of a public service loan forgiveness program for which teachers have qualified.
Carlos Osorio/AP
Law & Courts Supreme Court Upholds Birthright Citizenship, Rejecting Trump's Proposed Limits
The justices relied on the 14th Amendment and federal law to rule that anyone born in the U.S. is a citizen.
4 min read
Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson. The Supreme Court justices will take the bench Monday, July 1, 2024, to release their last few opinions of the term, including their most closely watched case: whether former President Donald Trump has immunity from criminal prosecution.
Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito, and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson. The high court, on June 30, 2026, rejected President Donald Trump's executive order on birthright citizenship.
J. Scott Applewhite/AP
Law & Courts States Can Ban Transgender Athletes, Supreme Court Decides
The court ruled that state bans in Idaho and West Virginia don’t violate the Constitution or Title IX.
3 min read
People advocate for a ban on transgender women and girls participating in women's and girls' sports outside the U.S. Supreme Court building as the court announced decisions in Washington, on June 29, 2026.
People advocate for a ban on transgender women and girls participating in women's and girls' sports outside the U.S. Supreme Court building as the court announced decisions in Washington, on June 29, 2026. The Supreme Court ruled on June 30, 2026, that states may enforce laws restricting transgender athletes’ participation on girls’ and women’s sports teams.
Francis Chung/Politico via AP