French Court: Pork-Free School Lunch Options Not Mandatory, But Allowed

According to the Council of State, providing pork substitute menus in school canteens is not mandatory nor contrary to the principle of secularism, reports the AFP. This deliberation follows a decision by the municipality of Chalon-sur-Saône. This is the third time that the administrative court has invalidated the deliberation adopted in 2015 on the initiative of the mayor of this town in Saône-et-Loire, Gilles Platret (LR).

The municipal council had trampled on the traditional practice of serving pork substitute menus since 1984 by voting for its suppression. This measure, which aimed to "restore a neutral and secular functioning" of the municipal canteens, had provoked strong reactions and a legal battle. The League for the Legal Defense of Muslims and individuals had taken the matter to court. Subsequently, the administrative court of Dijon and the administrative court of appeal of Lyon had respectively invalidated the deliberation in 2017 and 2018 without any impact on the operation of the Chalon canteens where these menus have not been reinstated since 2015. Dissatisfied, the municipality had decided to refer the matter to the Council of State.

Local authorities are not obliged to provide pork substitute menus, as the principle of secularism prohibits "anyone from claiming their religious beliefs to exempt themselves from common rules", the council recalled in a press release accompanying its decision, adding that "neither the principles of secularism and neutrality of the public service, nor the principle of equality of users before the public service, in themselves, prevent these same local authorities from proposing such meals".

"When they choose to provide the public service of school catering," local authorities "must take into account the general interest in ensuring that all children can access this public service," continued the highest administrative court in France.