ABSTRACT

The Law of 9 December 1905 on the separation of Church and State prohibits all forms of public funding for religions in France. The issue of funding discrimination is a challenge relating to the legal regime for faiths in France. Discrimination, to which a religion can be subject, can be of two types: discrimination towards religion on the one hand, and discrimination towards a specific religious group on the other. Discrimination may also arise between religions, when they are treated differently by public authorities, without legitimate justification. There are many exemptions to the ban on publicly financing religions. Considering the number of texts authorizing the public financing of religions, one may wonder whether it is actually the ban that constitutes the exception and the authorization the rule. One must understand the functioning of the ban on public funding of religious organizations within the French context. The first function is of unification and centralization. The second is of privatizing religion.