Von offener Neutralität zu (unintendiertem) Laizismus

Abstract

The Federal Constitutional Court’s decision in the “headscarf case” gave the federal states the opportunity to redefine the complex relationship between state and religion in Germany. This paper examines the results of the interaction between politics and judiciary concerning the headscarf issue and tries to explain why the federal states passed quite diverse regulations. It demonstrates the relevance of the hypothesis of party difference for this question and shows that under the terms of a liberal democracy unequal treatment of religions—as it was intended by some political actors—cannot be enforced. Moreover, the paper shows an undesired outcome of this attempt of unequal treatment: The dominant German state-religion-paradigm has shifted towards laicism.

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