Religious Symbols in Public Space: The German Way

Abstract

This paper should draw a picture of the German constitutional system of the relationship between state and Religion, on the examples of the most discussed religious symbols in public space: Islamic headscarf and christian cross. German constitutional law includes the rules about the relationship between state and religious communities. It is based on three principles: neutrality, tolerance and parity. According to that, there is no state church. As well the state is not allowed to identify with one particular religious community. On the other hand, the constitution asks the German state to encourage religious life. Therefore, the protection of freedom of religion is understood in an ample way. The religious communities have more rights than other registered societies. All this is distilled in the term positive neutrality of religion.