France's Constitutional Council last month in Union of Diocesan Associations of France and others (Conseil constitutionnel, July 22, 2022) upheld the constitutionality of several provisions of law governing religious institutions in France. It upheld the requirement that a religious organization must register with a government official in order to enjoy benefits available specifically to a religious association. It found that this did not infringe freedom of association, and also concluded in part:
[The provisions] have neither the purpose nor the effect of carrying the recognition of a religion by the Republic or of hindering the free exercise of religion.... Accordingly, the contested provisions, which do not deprive the free exercise of worship of legal guarantees, do not infringe the principle of secularism.
The court also rejected an equal protection challenge to a provision limiting religious organizations to realizing no more than 50% of their revenues from apartment buildings they own. Finally it upheld provisions allowing the state to require a religious association to conform its stated purposes to its actual activities and requirements; for reporting of a religious association's places of worship; and, when requested, to provide a government official with financial information including amounts used for religious activities and amounts of foreign financing. However, the court cautioned:
While such obligations are necessary and suited to the objective pursued by the legislator, it will nevertheless be up to the regulatory power to ensure, by setting the specific methods for implementing these obligations, that the constitutional principles of freedom of action are respected.
The court issued a press release announcing the decision. Law & Religion UK also reports on the decision.
