Classroom Crucifix Case II

BVerfGE 93, 1 1 BvR 1087/91 (1987)

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Classroom Crucifix Case II

Federal Republic of Germany Federal Constitutional Court
BVerfGE 93, 1 1 BvR 1087/91 (1987)

Facts

Under the Elementary Schools Act and Bavarian Act on Education and Public Instruction, the Bavarian State Ministry for Education and Cultural Affairs (the ministry) (defendant) retained the power to regulate public schools in Bavaria. The ministry enacted § 13 of the School Regulations for Elementary Schools in Bavaria (VSO) of 21 June 1983, which required every public elementary school to affix a crucifix in each classroom. The regulations also provided that schools had to provide support to the religious upbringing of children through prayer and worship at the school. The regulations further required teachers and pupils to respect the religious beliefs of everyone within the school system. After exhausting their administrative remedies, a group of school-aged children and their parents (plaintiffs) challenged the law under Article 4(1) and Article 6(2) of the Basic Law. The parents followed the philosophy of Rudolph Steiner and argued that the depiction of the crucifixion violated this life philosophy. The Bavarian Higher Administrative Court entered an order dismissing the plaintiffs’ claims, and the plaintiffs appealed to the Federal Constitutional Court.

Rule of Law

Issue

Holding and Reasoning (Seidl, Söllner, Haas, J.J.)

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