The ideological governance of religion and its outcomes

This paper inserts itself in the panel on the public governance of religion. It highlights the hardening of the notion of secularism in France, based on the case of Orthodox Jews, since the 1980s. It shows that laïcité has become a strict principle of public regulation of religion, meant to contain some religious expressions. In the wake of the controversial "Return of Religion" (Berger, 1967), religion may be seen as a total social fact. For some, religion is so central that it shapes the way they see public institutions (Donegagni, 1991). This is happening in France with certain religious Muslims, but also, in a less studied way, with orthodox Jews. Facing more visible and more demanding practices, public institutions are reworking the notion of laïcité. From a constitutional principle of dialogue between believers and secular public institutions, secularism is becoming an instrument of public policy (Willaime, Portier, 2021), used to refuse certain arrangements. This evolution has been even clearer since the turn of the millennium: practices that were previously authorized (such as postponed exams and separate schedules in public swimming pools), have gradually come to an end. Firstly, social and political, this stiffening is beginning to show up in courts. Research has shown it is mainly designed to target religious practices of some Muslims. But it also has an impact on other communities whose religious practices have crucial importance in their daily life. Orthodox Jews constitute one of these communities. For decades, they have been able to secure local and national arrangements on a handful of issues through a specific collective action strategy, combining visibility and discretion. Yet, this has proven relatively inefficient to halt this more profound trend, as some arrangements have not come to fruition or have been repealed outright. How do public institutions justify repealing decade-long practices? How are theoretical and legal resources mobilized to upend the so-far convenient status quo? This paper will analyze the display of an ideological governance of religion without clear outcomes. This paper is based on doctoral research. It encompasses 89 interviews with political and administrative officials and Orthodox Jews, 71 participant and non-participant observations with Orthodox Jews, and the study of 289 issues of the Orthodox newspapers. It also makes use of the analysis of court decisions; municipal council minutes and soft law documents produced by public institutions.