NCJ Number
55101
Journal
Revue de la police nationale Volume: 2 Issue: 107 Dated: (1978) Pages: 39-42
Date Published
1978
Length
4 pages
Annotation
THE ROLE OF THE GOVERNMENT IN MAINTAINING ORDER WITHIN FRENCH CHURCHES IS DISCUSSED.
Abstract
ALTHOUGH A 1905 LAW SEPARATES THE AFFAIRS OF CHURCH AND STATE, CIVIL AUTHORITIES MUST INTERVENE IN CHURCH MATTERS WHEN PUBLIC ORDER IS THREATENED OR A LAW HAS BEEN VIOLATED, AS HAS FREQUENTLY BEEN THE CASE IN RECENT YEARS. A 1907 LAW PLACES CHURCHES UNDER THE LEGAL CONTROL OF THE PRIEST AND THE CONGREGATION, SO THAT DISPUTES BETWEEN PRIESTS OVER THE SAME PARISH AND BETWEEN THE CLERGY AND THE CONGREGATION FALL INTO THE PURVIEW OF THE CIVIL COURTS. IN CONFLICTS BETWEEN TWO PRIESTS, THE CIVIL JUDGE IS OBLIGATED TO GRANT EXCLUSIVE USE OF A CHURCH TO THE CLERIC DULY APPOINTED BY THE HIERARCHY OF HIS RELIGIOUS ORDER, EVEN IF HIS OPPONENT IS CHOSEN BY THE CONGREGATION, WHO ARE CONSIDERED SUBORDINATE TO THE CLERIC. THE CHURCH MEMBER WHO REVOLTS IS NO LONGER ENTITLED TO DETERMINE USE OF THE CHURCH BUILDING. THE DULY APPOINTED PRIEST, ON THE OTHER HAND, IS CHARGED WITH MAINTAINING ORDER IN THE CHURCH, SETTING HOURS, AND ARRANGING FURNISHINGS; HE MAY ASK DISRUPTIVE ELEMENTS TO LEAVE, COMPEL HIS ASSISTANTS TO CARRY OUT HIS REQUEST, AND, IF NECESSARY, CLOSE THE CHURCH. IF, HOWEVER, RELIGIOUS SERVICES DETERIORATE INTO A MAJOR DISTURBANCE, THE PRIEST MAY APPEAL TO THE POLICE, AND EVEN IF THE PRIEST MAKES NO SUCH APPEAL, THE POLICE MAY INTERVENE TO PROTECT THE PUBLIC'S RIGHT TO FREEDOM OF RELIGION. CHURCH CEREMONIES ARE CONSIDERED PUBLIC MEETINGS, SO THAT MAINTENANCE OF ORDER IN SUCH MEETINGS, FALLS IN THE DOMAIN OF GOVERNMENT AUTHORITIES. FURTHERMORE, NONRELIGIOUS, ESPECIALLY POLITICAL MEETINGS, ARE PROHIBITED BY LAW IN CHURCHES AND REGARDED AS DISRESPECTFUL BY CHURCH AUTHORITIES. TO ASSURE FREEDOM OF RELIGION, CHURCHES MUST REMAIN OPEN DURING CERTAIN HOURS FOR THE USE OF ALL WHO OBEY THE RULES, BUT IF THESE PRIVILEGES ARE ABUSED BY PERSONS (E.G., HUNGER STRIKERS OR PROSTITUTES), THE PRIEST MAY ASK THE POLICE TO PROVIDE ASSISTANCE. TWENTY-ONE NOTES ARE SUPPLIED. --IN FRENCH. (KMD)