Religious law of state in the pluralism of an open constitutional state

Abstract

Changes in the social, especially religious life of people in Germany lead to a noticeable change in the constitutional religious law, which can be illustrated by some significant court decisions of the last 25 years. The sometimes conflicting legal treatment of religious symbols, such as the cross in public places or the veils worn by Muslim women in public service, have shown that in order to properly address the challenges posed by religious pluralism, both now and in the future, a consistently applied understanding of the open, unbiased neutrality of the secular state and a stronger emphasis on the constitutionally guaranteed religious freedom of the individual are essential. Old Christian patterns of thought, which are reflected for example in the concept of religious community or in holiday law, are incompatible with the Basic Law and must be abandoned. In this way, the state does not lose a cooperation partner, even if the importance of the churches fades.