A regional administrative court in Bavaria has ruled that the display of a crucifix in the entrance hall of a state-run secondary school infringes upon the religious freedom of students. The decision, issued Wednesday, stems from a case brought by two former students who argued the presence of the religious symbol violated their rights.
According to court spokesperson Felix Nürnberger, the court found “no legal basis” for state-run secondary schools to display a cross or crucifix. The ruling emphasizes that the German constitution guarantees not only the freedom to practice a religion but also the right not to be subjected to specific religious symbols.
Nürnberger clarified that the court’s decision pertains specifically to the school and the crucifix in question and does not offer a broad assessment of the implications for other schools or symbols. However, the court explicitly stated that there is no legal basis supporting the display of such symbols within state-run secondary schools, effectively deeming a relevant decree issued by the Bavarian government inapplicable in this instance.
The court spokesperson refrained from labeling the situation as a legislative gap, noting that determining whether a legislative action was required fell outside the scope of their ruling. The extent of the decision’s precedent-setting effect remains unclear. The administrative court did not address whether the decision should be applied to other institutions.
In this particular case, the ruling has no immediate practical consequences. The court did not mandate the removal of the crucifix, as the students in question have already left the school. The court’s assessment focused on whether the school, during the students’ attendance, should have refrained from displaying the religious symbol.