A ruling by the Bavarian Administrative Court has determined that the display of a crucifix in the entrance hall of a state-run secondary school in Bavaria infringes upon the religious freedom of students. According to the court’s justification, there is no legal basis for state secondary schools to display a cross or a crucifix.
Felix Nürnberger, spokesperson for the Bavarian Administrative Court, told television station “Welt” that the court found that two female students’ religious freedom was violated by the presence of a large crucifix in the entrance of the school. He emphasized that the German Basic Law guarantees not only the ability to practice a religion but also the right to not be confronted with specific religious symbols.
The court’s decision specifically addressed this one school and this one crucifix, clarifying that it did not rule on the implications for other schools or crucifixes. However, it explicitly stated that there is no legal authorization for the display of a crucifix in a secondary school and that a decree from the Bavarian state government regarding the general administrative regulations was not applicable in this instance.
The court spokesperson declined to characterize the situation as a legal loophole, stating that the question of whether one existed was beyond the scope of the ruling. The court explicitly left open the possibility that the Bavarian State Parliament could implement legislation that would justify the display of a crucifix in a secondary school.
The extent of the ruling’s precedent remains unclear. The court did not address whether the decision could be extended to other schools, focusing instead on the principle that state secondary schools lack legal grounds for displaying crosses or crucifixes.
In the immediate practical context, the ruling has limited impact. The court did not mandate the removal of the crucifix. Since the students involved have already left the school, the decision retroactively establishes that the school should not have displayed the crucifix during their attendance.
