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Berlin allows headscarves for teachers – Constitutional Court decides!
Female teachers in Berlin will be allowed to wear headscarves from July 2025, after the blanket ban was lifted by the Constitutional Court.
Berlin allows headscarves for teachers – Constitutional Court decides!
Today Berlin has taken a significant step towards religious equality. In the future, teachers will be allowed to wear headscarves in class Constitutional Court has lifted a blanket ban on headscarves in schools. This decision is based on a 2023 ruling by the Federal Constitutional Court, which declared such bans unconstitutional.
The government factions of the CDU and SPD in Berlin have agreed on this regulation. SPD parliamentary group leader Raed Saleh emphasizes that Berlin has acted unconstitutionally for years. The legislative resolution on the new regulation is scheduled to be discussed in the Berlin House of Representatives on July 10th. Approval is considered certain because Black-Red has a majority.
A long discussion
The Germany-wide issue of wearing religious signs in schools is not new. In 2015, the First Senate of the Federal Constitutional Court ruled that a blanket ban on religious expressions in public schools is not compatible with freedom of belief and belief. In particular, the court stated that teachers may not make political, religious or ideological statements unless there is a sufficiently concrete threat to school peace or state neutrality. This principle has since been further clarified in various judgments and proceedings.
After the neutrality law was relaxed in March 2023, religious symbols could be banned under certain circumstances, but only if there was a specific threat to school peace. The new regulation in Berlin is the logical consequence of these legally binding considerations, which take into account the fundamental right to freedom of belief and belief. A crucial element of this case law is that wearing a headscarf generally does not pose a sufficiently concrete threat to school peace or state neutrality.
Political reactions and resistance
However, the planned change in the law is not only met with approval. The AfD rejects the regulation and MP Tommy Tabor expresses concerns about state neutrality. There is also resistance to the new regulation within the CDU. On the other hand, the Greens criticize that the reform is not far-reaching enough and demand that policewomen should also be allowed to wear headscarves.
Nevertheless, the wearing of religious symbols in the police service and in the judiciary remains prohibited; Only official headgear such as baseball caps or hats are permitted here. The discussion about the use of religious symbols in public services remains a hotly contested topic.
The developments in Berlin illustrate the ongoing debate on the question of religious freedom and the neutrality of the state in the education system. Jurisprudence will continue to play a crucial role as different interests and rights must be balanced against each other.