Freedom of religion in Germany is guaranteed by article 4 of the German constitution. This states that "the freedom of religion, conscience and the freedom of confessing one's religious or philosophical beliefs are inviolable. Uninfringed religious practice is guaranteed." 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." Any person or organization can call the Federal Constitutional Court of Germany for free help.Fact sheet on the constitutional complaint at the Federal Constitutional Court
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. See drop-down essay on "Religious Freedom in Germany" 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.
In 2023, the country was scored 3 out of 4 for religious freedom.Freedom House website, retrieved 2023-08-08
Legal situation
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. The state does not identify with any religious organization. This distinction of church and state originated in what is now called the two kingdoms doctrine.
Religious freedom, like the other basic rights of the Grundgesetz, is limited where it collides with the core value of human dignity or with the basic rights of others, or if it is misused to fight against the basic constituency of free democracy.
Art. 4 sec. III provides for the right to refrain from military service in the name of religion (lit. "conscience").
Individual freedom of religion Besides collective, German law protects individual freedom of religion, which is to be distinguished into positive and negative freedom of religion. Negative freedom of religion covers the right not to confess your faith unless legally required (i. e. registration for church tax) and the right not to be exposed to religion while in a position of "subordination" where one is legally required to attend. Landmark decisions are the Crucifix DecisionDecision of the German Federal Constitution Court (Entscheidung des Bundesverfassungsgerichts) BVerfGE 93, 1 and the Headscarf Decision.Decision of the German Federal Constitution Court (Entscheidung des Bundesverfassungsgerichts) BVerfGE 108, 282
Crucifix Decision
In the Crucifix DecisionThe name for this ruling in German is :de:Kruzifix-Beschluss the German Federal Constitution Court in 1995 decreed a law that insisted on the presence of religious symbols (crucifixes) in public institutions to be illegal, excluding in some Roman Catholic elementary schools. The court further demanded that the symbols must be removed if a parent does not agree with them. In 1973, a Jew complained successfully that his freedom of religion was violated by the obligation to speak in a German courtroom decorated by a cross.Decision of the German Federal Constitution Court (Entscheidung des Bundesverfassungsgerichts) BVerfGE 35, 366
Headscarf Decision
In 2004, the German Supreme court deniedThe name for this ruling in German is :de:Kopftuchurteil a Muslim teacher the right to wear a headscarf in class, on the basis that she had to represent neutrality. In this case, freedom of religion (of teachers) had to be brought into "balance" with the state's authority over schools (art. 7), the freedom not to be exposed to religion while in a state of subordination (art. 4), resp. the parents' rights to raise their children (art. 6), and the specific duties of teachers as state servants (art. 33). German courts rarely hold the freedom of religious and non-religious belief to be infringed, as freedom of religion is limited by the exertion of other basic rights (and duties) guaranteed by the Grundgesetz. Already in the late 1970s, a teacher had also been denied the right to wear the distinct clothing of his religion at the workplace. In 2007 the Bavarian Constitutional Court upheld the ban on teachers with headscarves but affirmed that nuns could continue to wear habits while teaching.
School exemptions In Germany, high school students are not excused from classes on sexual educationDecision of the German Federal Constitution Court (Entscheidung des Bundesverfassungsgerichts) BVerfGE 47, 46--also, see this essay by Lerle as an example of a conservative Christian opposed to sex education as practiced in Germany and evolution theory on the basis of religion, as it collides with the state's authority over schools (art. 7) and the legal duty to attend schools. However, according to the case law of the Federal Administrative Court, a claim for exemption from sports or swimming lessons on religious grounds may be made for Islamic schoolgirls if they can concretely demonstrate credible convictions or bans in religious conflicts and there is no reasonable and non-discriminatory alternative for them. As a result, girls may be exempt from swimming due to modesty concerns.Federal Administrative Court: BVerwGE 94, 82 ff.
Homeschooling for religious reasons is illegal.Where homeschooling is illegal German laws against homeschooling are the strictest among all developed countries.See Homeschooling international status and statistics for comparisons The Romeike family sought asylum in the United States in order to homeschool, but their case is currently subject to pending legislation.Homeschool Asylum Bill overview and actual bill
Apostasy 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.
Censorship
Some religious writings are cataloged in the Index of Harmful Materials, which outlaws all sales except those made under-the-counter. Organized religious bodies are given representation on the 12 person panel which votes on censorship. Although the list of censored websites is kept secret from the public, one of the more prominent cases involved the traditionalist Catholic blog kreuz.net, which has since been shut down.German wikipedia article on kreuz.net and archived version of kreuz.net. It has since been replaced with kreuz-net.at which is run by another individual.
Circumcision
In 2012, a Cologne regional court ruled child circumcision to be illegal when not medically necessary. This ruling proved to be controversial; on the one hand, surveys found most Germans to be in favor of the decision, while on the other hand, the ruling sparked debate over religious freedom due to circumcision's importance in Judaism and Islam. 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.Holm Putzke: Die strafrechtliche Relevanz der Beschneidung von Knaben. Zugleich ein Beitrag über die Grenzen der Einwilligung in Fällen der Personensorge . In: Festschrift für Rolf Dietrich Herzberg, Tübingen 2008, p. 669–709 - Translation: Criminal Relevance of Circumcising Boys. A Contribution to the Limitation of Consent in Cases of Care for the Person of the Child , translated by Katharina McLarren. Chancellor Angela Merkel opposed the ruling, saying “I do not want Germany to be the only country in the world where Jews cannot practice their rituals. Otherwise we will become a laughing stock.” 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.
Contraception
Some persons in Germany do not practice contraception for religious reasons.
Meat
In 2002 the Federal Constitutional Court struck down a ban on ritual slaughter.
Collective freedom of religion German law on freedom of religion distinguishes between individual and collective freedom of religion. Collective freedom of religion additionally covers the legal statutes of religious organizations, but this freedom only applies to religious communities "whose constitution and number of members ensure the guarantee of continuity." 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.
Types of legal statutes A religious group in Germany can be formed under all legal statutes. It can be organised as a company under Corporate law, but tax regulations, company duties, and responsibilities are often seen as disadvantages. A voluntary association can be formed by anybody. Registration as an "eingetragener Verein" (abbreviated e.V.) gives the advantage of legally functioning as a corporate body (juristic person), rather than a simple group of individuals. It can by used by any secular or religious group.
Nonprofits Two other types of organizations are often employed: the most frequent are gemeinnützige not-for-profit corporations, which can be companies or registered associations. This status requires not only limitation to noncommercial activities, but similar to American nonprofits, it is limited to those whose primary objective is to support an issue or matter of private interest or public concern for noncommercial purposes. Like many other countries, nonprofits may apply for tax exemption status, so that the organization itself may be exempt from taxes. In some cases, financial donors may claim back any income tax paid on their donations, or deduct from their own tax liability the amount of the donation.
Corporate body under public law The second is a Körperschaft des öffentlichen Rechts (corporate body under public law), a status which is specifically granted to religious groups. Some smaller communities may have this status in one state, while they maintain a different status in another. The status has a string of benefits attached. Religious communities which are organized under public law have the right to collect contributions (church tax) according to laws which are similar to general tax laws. Religious communities enjoy further privileges regarding building and tax regulations, the ability to teach religion as a regular course in state schools, and the ability to be represented in media consulting committees.
The right to collect church tax