Söder's cross decree goes to court again

In 2018, Minister President Söder passed a law stipulating that a crucifix must hang in every state building in Bavaria. Even then, he was met with criticism. However, the Association for Freedom of Thought failed with a lawsuit in 2022. Now it is appealing.

The controversial crucifix decree by Bavaria's Minister President Markus Söder becomes a case for the Federal Administrative Court in Leipzig. On 14 December, the court is due to hear the case on the regulation, which has required a cross to be displayed in every state building in Bavaria since 2018. This is according to the court's preview. The Association for Freedom of Thought (Bfg), which is critical of religion, had filed a lawsuit against the regulation - and was defeated at the Bavarian Administrative Court last summer. It also referred to the upcoming hearing.

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, who accused him of misusing the Christian symbol for election campaign purposes - it came into force in June 2018. Section 28 of the rules of procedure for the authorities of the Free State of Bavaria now states: "A cross must be clearly visible in the entrance area of every office building as an expression of Bavaria's historical and cultural character."

The Administrative Court in Munich saw the crosses as essentially passive symbols "without a proselytizing or indoctrinating effect", as stated in the reasons for the decision. The court ruled at the time that the cross could become a "symbolic expression of certain beliefs and a symbol of its missionary propagation for non-Christians or atheists". However: "A violation of the requirement of state neutrality, which is limited to the merely passive use of a religious symbol without a missionary or indoctrinating effect and is not associated with any further disadvantages for other religious and ideological communities, violates neither their right to freedom of belief and confession nor to equal treatment."

At the time, however, only the complaints of 25 individuals who had joined the Bund für Geistesfreiheit and its complaint were finally dismissed. However, because the Administrative Court allowed the appeal by the association critical of religion to the Federal Administrative Court, the case will now go to the next instance. "The Bfg München not only sees the state neutrality requirement violated here, but also criticizes the preference given to the Christian religion over other religious and ideological communities," said the Bund für Geistesfreiheit in justifying its complaint.

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The Association for Freedom of Thought, critical of religion, is appealing the Federal Administrative Court in Leipzig against Bavaria's Minister President Markus Söder's 2018 law requiring a crucifix in every state building.
Munich's Administrative Court previously ruled that the cross, viewed as a passive symbol, did not violate the requirement of state neutrality in Bavaria, despite criticism from churches and atheists.
After becoming Minister President in 2018, Markus Söder introduced the cross decree, which faced fierce criticism yet resulted in the requirement of a cross display in each state building entrance since June 2018.
In response to the cross decree, the Bund für Geistesfreiheit, a group critical of religion, had initially filed a complaint, but their complaint, along with that of 25 individuals, was dismissed by the Administrative Court in Munich, leading to an appeal by the Association for Freedom of Thought in 2022.

Source: www.ntv.de