Quebec broadens secularism law and restricts public prayer

The province of Quebec in Canada is set to introduce new limits on public prayer and the exclusive provision of religion-specific meals, such as kosher and halal options, within public institutions. This initiative, part of a broader push to reinforce state secularism and referred to as "secularism 2.0," comes through a bill proposed Thursday by the ruling Coalition Avenir Qubec (CAQ).

The legislation builds on the 2019 law regarding religious symbols, which sparked nationwide debate. That law prohibited judges, police officers, teachers, and public employees from wearing religious symbols like kippahs, turbans, or hijabs while on duty. Canada's Supreme Court will hear a challenge to this law early next year.

Jean-Franois Roberge, Quebec's minister in charge of secularism, said the new bill "respects both individual and collective rights." Among its measures, the bill would:

• Extend the ban on wearing religious symbols to staff in subsidized daycare centers.
• Prohibit collective religious practices, such as prayer, in public spaces like parks without municipal approval.
• Ban face coverings for students and staff from daycare through post-secondary education.

Roberge explained that restrictions on public prayer respond to recent protests, where some groups prayed during pro-Palestinian demonstrations. "It is troubling to see people blocking traffic, taking over public spaces without permits, and transforming streets and parks into places of worship," he said.

The proposed law has faced criticism from the opposition Parti Qubcois, which accused the CAQ of fostering division to strengthen political support ahead of the provincial election. The National Council of Canadian Muslims condemned the bill as an attempt to exploit identity politics and deepen societal divisions.

Since Bill 21 was enacted six years ago, secularism has remained a heated issue in Quebec. Last year, 11 Montreal elementary school teachers, mainly of North African descent, were suspended after a report alleged they created a toxic environment and avoided subjects like science and sex education. Premier Franois Legault accused the teachers of promoting "Islamist" ideas and pledged stricter secularism measures in schools.

In August, a government committee recommended banning religious symbols for daycare workers and gradually ending public funding for private religious schools. Last month, the Legault administration extended secularism rules to staff interacting with students in public primary and secondary schools and prohibited students from wearing face coverings.

Bill 21 currently bars public officials, including judges, police, teachers, and civil servants, from wearing religious symbols at work and mandates that public services be conducted with uncovered faces. The Quebec government invoked the "notwithstanding clause" of the Canadian Constitution, which allows legislation to bypass certain constitutional rights, including freedoms of religion, expression, and association.

The law applies to symbols of any faith, affirming the province's commitment to religious neutrality, though critics argue it disproportionately affects religious minorities, particularly Muslim women. Legal challenges have already emerged, and Canada's Supreme Court will review both the law and the use of the notwithstanding clause.

Secularism, known in Quebec as lacit, has been a significant social value since the 1960s, following the decline of the Catholic Church's influence. A recent survey by Leger for Le Journal de Montral and TVA found that 68% of respondents considered secularism an important principle. Comparable legislation exists in several European countries, including France, which banned religious symbols in schools in 2004 and face coverings in public spaces in 2010.

Analysis: Quebec's Push for Secularism 2.0

The introduction of Quebec's new secularism bill signals a significant step in the province's ongoing debate over religious freedom and the role of religion in public life. With the ruling Coalition Avenir Québec (CAQ) pushing for a more stringent interpretation of secularism, the province is reinforcing its commitment to state neutrality in matters of religion. However, the proposed measures, including limits on public prayer and religious-specific meals in public institutions, are stirring debate about the potential societal impact.

While supporters of the bill, including Quebec’s Minister of Secularism, Jean-François Roberge, argue that the law respects both individual and collective rights, critics see it as a divisive move. The ban on collective religious practices in public spaces without municipal approval, for instance, appears to target specific religious communities, particularly those that have traditionally practiced public prayer in certain areas. This could potentially create tensions, as it may be seen as an infringement on freedom of expression and religion.

Moreover, the expansion of the 2019 law banning religious symbols to daycare workers and other public employees is likely to escalate the ongoing debates over what constitutes religious neutrality. Critics argue that such measures disproportionately affect religious minorities, particularly Muslim women, raising concerns about social inclusion and the protection of cultural rights. The government’s defense, invoking the "notwithstanding clause" to override constitutional rights, complicates matters further, as it places the focus on the state's prerogative to enforce secularism over individual freedoms.

As the bill progresses, it will undoubtedly continue to shape the discourse around secularism in Quebec, and legal challenges, including a review by Canada’s Supreme Court, could ultimately determine its fate. The balance between upholding secularism as a societal value and protecting individual freedoms remains a delicate issue, one that will likely resonate beyond Quebec's borders.

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• Quebec expands secularism law and limits public prayer