Federal Administrative Court - Ruling on Bavarian crucifix decree expected
The cross with the cross: since 2018, a crucifix has had to hang in every state building in Bavaria - and there has been a dispute about this regulation ever since. This Tuesday, 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 anti-religious 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.
Information on the date
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- Regardless of the Federal Administrative Court's decision in Leipzig, the anti-religious Association for Freedom of Thought has stated their intention to appeal to the Federal Constitutional Court in Karlsruhe if they lose.
- The Bavarian cross decree, initiated by then-Minister President Markus Söder (CSU), was passed in April 2018 and came into force in June of the same year.
- The Bavarian Administrative Court (VGH) previously classified the crucifixes as passive symbols without a proselytizing or indoctrinating effect, leading to a defeat for the federal government in a summer hearing.
- The crucifix has been a contentious issue in Bavaria since 2018, with a cross required to hang in every state building, sparking disputes and lawsuits such as the one filed by the Association for Freedom of Thought.
- In its ruling on Tuesday, the Federal Administrative Court in Leipzig will decide on the legality of the cross decree, which requires a cross to be visibly displayed in the entrance area of every Bavarian office building as a symbol of the state's historical and cultural character.
- Hubert Heinhold, the lawyer representing the Association for Freedom of Thought in the lawsuit against the cross decree, argued last week during the hearing that a cross has no place in an official setting, such as issuing a driving license.
- The German government is currently involved in a legal process regarding the legality of the Bavarian crucifix decree, which was a topic of controversy and legal challenges since its implementation in 2018.
Source: www.stern.de
