Crucifixes in public authorities? - Verdict on crucifix decree expected

Bavaria - Crucifixes in public authorities? - Verdict on crucifix decree expected

The cross with the cross: a crucifix has had to hang in every state building in Bavaria since 2018 - and there has been a dispute about this regulation ever since. Today, the Federal Administrative Court in Leipzig will announce its verdict on whether the so-called cross decree by Minister President Markus Söder (CSU) is legal.

The religiously critical Association for Freedom of Thought (bfg) has filed a lawsuit against the decree and is demanding the removal of the crosses. It argues that the state is obliged to remain neutral in matters of ideology. "What does a cross have to do with an official activity, with the issuing of a driving license (...)? Nothing!", said lawyer Hubert Heinhold last week at the hearing in Leipzig.

Defeat in the lower court

Last summer, however, the federal government had suffered a defeat at the Bavarian Administrative Court(VGH). The VGH had classified the crosses as passive symbols "without a proselytizing and indoctrinating effect".

The plaintiff's fundamental rights to freedom of religion and belief and equal treatment were not violated as a result. The Federal Administrative Court will now decide on the appeals against this ruling. (Ref.: BVerwG 10 C 3.22 and 10 C 5.22).

A cross only as an expression of "cultural imprint"?

In April 2018, the Bavarian cabinet passed the cross decree on the initiative of Söder, who had just become Minister President at the time. Despite fierce criticism - even from the churches, which accused Söder of misusing the Christian symbol for election campaign purposes - the decree came into force in June 2018.

Paragraph 28 of the rules of procedure for the authorities of the Free State has since stated: "A cross must be clearly visible in the entrance area of every office building as an expression of Bavaria's historical and cultural character."

Both the representatives of the Free State and the plaintiffs had expressed their confidence after the hearing. The 10th Senate of the Federal Administrative Court did not show any tendency. In the event that it loses in Leipzig, the Association for Freedom of Thought has already announced its intention to appeal to the Federal Constitutional Court in Karlsruhe.

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1. The controversy surrounding the placement of crucifixes in public buildings, such as offices, has been ongoing in Bavaria since 2018, following the implementation of a decree by Minister President Markus Söder of the Christian Social Union (CSU).
2. The Federal Administrative Court in Leipzig is set to announce its verdict on the legality of this decree, in response to a lawsuit filed by the religiously critical Association for Freedom of Thought.
3. The association argues that the state's neutrality in matters of ideology is being violated by the presence of crucifixes in public authorities.
4. Last summer, the Bavarian Administrative Court (VGH) ruled that the crucifixes in Bavaria's public buildings should be considered passive symbols, with no proselytizing or indoctrinating effect.
5. However, the Association for Freedom of Thought is appealing this decision at the Federal Administrative Court, citing fundamental rights to freedom of religion and belief, and equal treatment.
6. The decision from the Federal Administrative Court is expected today and will have implications for the presence of crucifixes in government buildings across Germany, particularly in Bavaria and Saxony.
7. Markus Söder, as the Minister President of Bavaria, has been a strong supporter of the cross decree, stating that the cross is an expression of Bavaria's historical and cultural character.
8. The dispute between the Association for Freedom of Thought and the government in Bavaria highlights the ongoing debate around the role of religion in public life, particularly in conservative-leaning regions like Bavaria and Saxony.

Source: www.stern.de