Freedom of religion in Germany
In addition, article 3 states that "No one may be prejudiced or favored because of his gender, his descent, his race, his language, his homeland and place of origin, his faith or his religious or political views."
[1] The German system of state support for otherwise independent religious institutions assists all religions equally in principle, though in practice it has been unable to fully encompass some minority faiths.
[2] The government has granted most of the country's major religious communities "public law corporation" (PLC) status – Körperschaft des öffentlichen Rechts in German – which allows for numerous benefits.
Traditions that lack a centrally organized national structure – most notably Islam – have had difficulty attaining PLC status and the benefits that come with it.
[3] The freedom of religion in the Grundgesetz (Basic Law) means one may adopt any kind of religious or non-religious belief, practice it in private or in public, confess it, or keep it for oneself.
[8] In 2004, the German Supreme court denied[9] a Muslim teacher the right to wear a headscarf in class, on the basis that she had to represent neutrality.
[citation needed] In 2007 the Bavarian Constitutional Court upheld the ban on teachers with headscarves but affirmed that nuns could continue to wear habits while teaching.
[13] The Romeike family[14] sought asylum in the United States in order to homeschool, but their case is currently subject to pending legislation.
[15] To leave a church or an officially registered religious group, authorities in almost all states demand citizens to pay an administrative fee between €30 and €60.
It is not possible to leave an officially registered religion (and to end the tax duty on the income) by just declaring the rejection of the belief to this religious group.
[19][20] Critics of the ruling, such as Germany's Central Council of Jews and Religious Community of Islam, argued that the ruling was insensitive and counterproductive to religious freedom and integration, while supporters of the decision, such as criminal law professor Holm Putzke of the University of Passau, argued that circumcision was physically harmful and that parents did not have the legal authority to consent to such a procedure when not medically necessary.
Otherwise we will become a laughing stock.”[22] The German Parliament ultimately reversed the court's decision, passing legislation that legalized non-therapeutic circumcision of underage boys even though it is medically harmful.
"[25] Of special interest is the statute of corporate body under public law, which allows the organization to collect the four percent church tax and hold religious education in state schools.
The second is a Körperschaft des öffentlichen Rechts (corporate body under public law), a status which is specifically granted to religious groups.
The church tax is historically rooted in the pre-Christian Germanic custom where the chief of the tribe was directly responsible for the maintenance of priests and religious cults.
Despite the resulting medieval conflict between the emperor and pope, the concept of church maintenance by the ruler remained the accepted custom in most Western European countries.
Children who do not want to participate in religious education are obliged to attend an alternative class called "ethics", in which various issues of philosophy, society, and morals are discussed.
Islamic classes are developed by the government because with the exception of the Ahmadiyya, Muslim associations are not corporate bodies under public law.
[40] In 2002, there was a legal controversy regarding the "Power for Living" campaign by the Christian Arthur S. DeMoss Foundation featuring celebrities Cliff Richard and Bernhard Langer.
In 1997, the parliament set up a commission for Sogenannte Sekten und Psychogruppen (literally "so-called sects and psychic groups") which delivered an extensive report on the situation in Germany regarding NRMs in 1998.
Germany has been criticized over its treatment of Scientologists in United States human rights and religious freedom reports, and the U.S. government has repeatedly expressed its concern over the matter.
"[60] There have been cases of groups in Germany which practice Germanic neopaganism facing legal sanctions because of their display of symbols, such as runes or the Celtic cross, which prosecutors have deemed illegal under laws against neo-Nazi propaganda.
The 1550 Magdeburg Confession developed the doctrine of lesser magistrates, which allowed for a limited right of resistance to unjust rule, including with respect to faith.
The Peace of Augsburg in 1555 changed the legal situation from a uniform Roman Catholic area to the Cuius regio, eius religio principle, which defined freedom of religion for territorial princes, while their subjects had to follow them[clarification needed].
Pastor and hymn writer Paul Gerhardt was forced out of office in 1755 due to his staunch Lutheran convictions in a Berlin ruled by a Reformed prince.
[64] Old Lutherans emigrated en masse from affected areas such as Prussia, Silesia, and Pomerania to North America and South Australia.
This conflict resulted in the eventual government recognition of free churches following the death of Frederick William III of Prussia.
Although communist East Germany officially claimed religious freedom, the actual practice was to allow a low-key private exercise of religion that did not interfere with any duties towards the state.
Outspoken pastors had to face prison in extreme cases, but the more frequent way of dealing with openly confessing Christians and clerics was subtle repression, like strict observance by the state security, or forbidding admission to college for their children.
In the late 20th and early 21st century, free churcher and doctor of theology Johannes Lerle was fined four times and twice sentenced (by the German government) to prison for making statements against abortion on the internet and distributing anti-abortion leaflets.
