North-Rhine Westphalia Headscarf Ban Case
Germany Federal Constitutional Court
1 BvR 471/10, 1 BvR 1181/10 (2015)
- Written by Kelly Simon, JD
Facts
Two German Muslim women (plaintiffs) challenged the constitutionality of the Education Act of North Rhine-Westphalia (the education act), which prohibited teachers and other education staff from expressing political, religious, and ideological views that were likely to endanger or interfere with the neutrality of the government or interfere with religious and ideological peace at school. Both plaintiffs wore headscarves while teaching and were warned that wearing a headscarf violated the education act. One of the educators was ultimately terminated from her position. Each plaintiff sued her respective employer in the appropriate local labor court. Both plaintiffs were ultimately unsuccessful in their litigation before the labor courts. Subsequently, the plaintiffs brought constitutional complaints before the Germany Federal Constitutional Court, arguing that the final judgments from the labor courts were unconstitutional because the education act violated their right to practice their religion, as protected by the German Basic Law.
Rule of Law
Issue
Holding and Reasoning ()
Dissent (Schluckebier, Hermanns, JJ.)
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