Belgium's First School War (1879–1884) represents a deeply contentious political and moral struggle between the Liberal government, led by Walthère Frère-Orban, and the Catholic Church regarding the direction of primary education. The pivotal law enacted on 1 July 1879, which was derisively termed the "law of misfortune" (loi de malheur) by the Catholic community, effectively stripped religious instruction from the public school curriculum. In response to this legislative change, bishops across the nation took decisive action by establishing their schools and withholding the sacraments from those who supported the public education system. As the political landscape shifted, a Liberal defeat in the elections of 1884 led to the repeal of this controversial law, highlighting the ongoing power struggle between secular and religious authorities in Belgium.

It is a typical Sunday in Belgium during the year 1879. As the congregation gathers for mass, the service is approaching its conclusion, and from the pulpit emerges a prayer that resonates with urgency: "From schools without God and teachers without faith, deliver us, O Lord!" This prayer, as recalled in a Liberal pamphlet published in 1907, captures the sentiments of many churchgoers during that tumultuous period. Meanwhile, in the capital city of Brussels, Walthère Frère-Orban, serving as both Prime Minister and Minister of Foreign Affairs, finds himself at the centre of this escalating conflict, staunchly defending an education law that has drawn fierce opposition from the clergy. His contemporaries regarded him as the embodiment of Belgian liberalism—intelligent, resolute, and firmly convinced of his righteousness. Unbeknownst to him, however, this very legislation would lead to significant political repercussions for him just five years later. At the core of this entire dispute lies a fundamental and enduring question: Who truly has ownership over the child—the state or the church?

The 1879 Van Humbeeck Law: a school without catechism

The law enacted on 1 July 1879, commonly referred to as the Van Humbeeck Law, mandated that every municipality was required to establish at least one public primary school that adhered to religious neutrality. Under this new legislation, the school timetable completely removed religious instruction, resulting in a significant shift in educational policy. Although priests were still permitted to teach religion within the school premises, such instruction could only occur outside of regular class hours, marking a departure from previous practices. This law replaced a compromise reached in 1842, where both Catholics and Liberals had nearly unanimously agreed on the integration of religious education, which was to be overseen by the clergy. During that earlier agreement, priests had the authority to inspect schools, and municipalities had the option to designate a Catholic school as the official public school.

The Liberals, however, were determined to dismantle this longstanding arrangement. Following their electoral victory in June 1878, Belgium witnessed the establishment of its first independent Ministry of Public Education, headed by Pierre Van Humbeeck. With the introduction of this law, clerical inspection of schools was abolished, a major change in governance. Teachers were now required to possess diplomas from state-run teacher-training colleges, known as public normal schools, which further emphasised the Liberals' commitment to secular education. The Catholic community reacted strongly to these developments, immediately dubbing the legislation the "law of misfortune." The legislative process for this bill commenced in January 1879 and culminated in its passage by a narrow margin in June, ultimately receiving royal assent from King Leopold II on 1 July.

Walthère Frère-Orban: freedom of conscience, but not a vote for all

Walthère Frère-Orban (1812–1896) emerged as a prominent Liberal lawyer from Liège, firmly believing in the principle that the state should hold authority over the church. By the time of the educational reforms in 1878, Frère-Orban had established himself as a significant political figure, having served as Minister of Finance and played a pivotal role in founding the National Bank of Belgium in 1850. His family name, originally just Frère, was expanded when he married, and he adopted his wife's surname, Orban. He was a staunch advocate of free trade and a robust and rational government and regarded education as the essential catalyst for societal progress.

Despite his strong advocacy for freedom, Frère-Orban's idealism was not without its limitations. At that time, Belgium operated under a system of census suffrage, which restricted the right to vote to men who paid a certain level of tax. When the more radical Liberal Paul Janson proposed a move toward universal suffrage, Frère-Orban firmly opposed the idea. In a reluctant concession in 1883, he agreed to a limited extension of voting rights. This contradiction in his beliefs illustrates a complex character: he championed the freedom of every child's conscience, yet harboured mistrust toward the voting capabilities of adult workers and farmers. An American diplomat observing the political climate noted that the rural populace, who were the strongest supporters of the clergy, largely remained disenfranchised.

Confessional versus classroom: how Belgium's bishops fought back

In response to the 1879 education law, Belgium's bishops employed two primary strategies: they refused to administer the sacraments and established their own network of Catholic schools. This was not merely a political manoeuvre for the bishops; they genuinely believed that educating children in a school devoid of religious instruction jeopardised their spiritual well-being. Consequently, priests began to withhold the sacraments from public school educators, students attending normal schools, and parents who chose to enrol their children in what they called "godless schools." Those seeking absolution were required to withdraw their children from these institutions to receive forgiveness. Reports from that era even recount instances where dying individuals were granted their last communion only after promising to ensure their children would not attend public schools.

Simultaneously, a wave of Catholic "free schools" began to emerge across the nation, funded through donations from the faithful. Historian Jean-Marie Lermyte notes that within the first year alone, an impressive total of 2,064 new schools were established. By the year 1884, this number had surged to 3,885, leaving many public schools nearly vacant. Caught in the midst of this heated confrontation was the village teacher, who faced significant challenges. A liberal publication from 1907 recounts the experience of an elderly priest in Bihain, located in the province of Luxembourg, who found himself under scrutiny by fellow clergy for harbouring a public school teacher in his home. Although the book presents a partisan viewpoint, it draws upon testimonies collected during parliamentary enquiries initiated by the Liberals starting in 1880, all while Catholic parliamentarians opted to abstain from participating in such investigations.

From Rome to the ballot box: the 1880 break with the Vatican

In the year 1880, Frère-Orban's government made the consequential decision to sever diplomatic ties with the Holy See, the governing body of the Pope. This drastic measure followed a failed attempt to persuade Pope Leo XIII to moderate the stance of the Belgian bishops. In a surprising twist, Frère-Orban, who had sought to remove the church's influence from education, found himself appealing directly to the Pope for assistance. Throughout a series of diplomatic communications, which came to be known as the "échange de vues", he hoped that Rome would publicly disavow the bishops' rigid position. However, Leo XIII refrained from making any overt disavowals, prompting Frère-Orban to recall Belgium's diplomatic envoy. Domestically, the government's response was equally forceful, as Liberals acted to replace three provincial governors and six district commissioners who had affiliations with the Catholic Church. In reaction to these developments, Catholic opposition leader Jules Malou characterised the break with Rome as a violent action that had severely harmed the country's devout citizens.

11 June 1884: Frère-Orban's defeat

The political landscape shifted dramatically on 11 June 1884, when the Liberals faced a significant electoral defeat, leading to Frère-Orban's resignation. The newly formed Catholic government, led by Jules Malou, along with Victor Jacobs and Charles Woeste, wasted no time in reversing the education law. The Jacobs Law, enacted on 20 September 1884, permitted municipalities to once again adopt Catholic schools and reinstated religious education within the curriculum. Although the school question was a central issue, it was not the sole factor contributing to the Liberals' downfall; an economic crisis and ongoing tensions with the radical Liberal faction also played crucial roles. The Catholic Party would go on to govern with an absolute majority until the onset of the First World War. Ironically, while Frère-Orban perceived the bishops' defiance as an assault on state authority, their resistance ultimately transformed the Catholics into a well-organised political force. His intent to rein in the church inadvertently granted it three decades of political power.

The child belongs to itself: a humanist reading of the School War.

From a secular humanist perspective, the question of "Who does the child belong to?" finds a clear answer: the child belongs to itself. Neither the state nor the church can claim ownership over a child; both institutions bear a responsibility to foster its future autonomy and freedom. Viewed through this lens, Frère-Orban's case for secular education is compelling. A school that refrains from imposing any religious beliefs allows children the space to make their own choices later in life. This principle lies at the very heart of free inquiry: it encourages individuals not to accept doctrines solely based on authority but to rigorously examine them for themselves. The refusal of the sacraments served as a means of exerting pressure on the conscience of parents, intertwining their faith with their children's educational choices. The same scrutiny can also be directed at the Liberals, as a neutral school system mandated by a privileged, property-owning electorate did not feel liberating to many families. Self-determination implies that those who must face the consequences of these decisions should have a voice in the matter. Frère-Orban's vision aimed to cultivate independent thinkers but simultaneously exhibited a lack of faith in the judgement of free voters. The bishops, far from being adversaries, held convictions that they regarded with the same seriousness that Frère-Orban applied to his own beliefs. The core issue lay not with the individuals but with the institution: a church that leveraged its sacraments for political gain effectively transformed faith into an instrument of power. This dynamic illustrates a fundamental boundary that secular humanism seeks to establish between church and state.

From the 1958 School Pact to today's classroom

The contentious question posed in 1879 has not fully receded from the Belgian consciousness. Following a second school war in the 1950s, the leading political parties came together to sign the School Pact in 1958, establishing a compromise that ensures parents have the freedom to choose their children's schools while providing public funding for both public and Catholic institutions. This agreement continues to significantly influence the structure of Belgian education today. In the realm of public education, parents now have the option to select between religious instruction and non-confessional ethics classes. A landmark ruling by the Constitutional Court in 2015 affirmed that parents have the right to exempt their children from making a choice regarding religious instruction. In response, French-speaking schools subsequently introduced a curriculum focusing on philosophy and citizenship.

It is important to note that this situation reflects a parallel rather than a direct equivalence; presently, sacraments are administered regardless of the school a child attends. Nevertheless, the fundamental question raised by Frère-Orban resurfaces in contemporary discussions surrounding worldview, neutrality, and the freedom of education. Anyone making a school choice today finds themselves quietly engaging with the same critical question that concerned the parents of 1879. The humanist perspective remains steadfast: the child belongs to itself, and an educational environment that supports this belief is essential for its realisation.