German lay judge challenges a headscarf ban in court

In 2015, Germany's Federal Constitutional Court ruled against a general headscarf ban for teachers, saying that such a ban was incompatible with the freedom of religion guaranteed in the German Constitution.

Nine years later, the same court is again addressing this long-standing political and social issue. A lay judge, who wears a headscarf for religious reasons, filed a constitutional complaint with Germany's highest court because a Higher Regional Court in the state of North Rhine-Westphalia has barred her from taking the office she was elected to in 2023. 

Neutrality vs. religious freedom

The regional court ruled that any religious symbols worn by the lay judge during a trial would violate the state's requirement of neutrality. It described it as a dilemma, a "collision between the fundamentally protected practice of religion and the state's requirements of neutrality when exercising the office of lay judge."

The barred lay judge has argued that she understood the wearing of a headscarf to be a religious duty. She also said a lay judge wearing a head covering would reflect the diversity of society, thereby increasing social acceptance of court rulings.

Sarah Lincoln, a lawyer for Society for Civil Rights (GFF), a non-governmental organization financed through donations and membership fees, has a similar view.

"We are talking here about lay judges, who are meant to represent all of society in court. They do not wear a robe. They are obviously private individuals, who are not subject to state neutrality requirements," Lincoln told DW.

Lincoln added that the Society for Civil Rights believes that if certain groups are excluded, trust in the justice system could be undermined. "Muslim women who wear headscarves are also part of German society," she said, continuing that just because someone wears religious clothing, such as a kippah or headscarf, it does not mean they cannot make independent, fair judgments.

However, Lincoln draws the line at a judge wearing a burka, a full-body covering that leaves only the eyes visible. "We communicate with our faces, through facial features," says Lincoln. For her, a jurist wearing a full-body shroud would be incompatible with the office. 

When constitutional loyalty is in doubt

"It is a legitimate concern that those who judge others should be in agreement with our principles of democracy and basic rights," the lawyer emphasizes. Should there be any doubt about the constitutional loyalty of lay judges, based on conversations or public statements, they could be excluded.

"In that way, right-wing extremists or Islamists, for example, could be prevented from allowing their views to color their judgments," says Lincoln.

The Muslim lay judge now fighting in Germany's Federal Constitutional Court is a trained teacher who lectures on religiously motivated extremism, antisemitism and racism.

Her working period as a teacher was short: she took leave when her children were born. But she resumed her job in 2006. That very same year, her state of North-Rhine-Westphalia passed a blanket ban on teachers' expression of religious beliefs in public schools.

The Muslim teacher was barred from working because of her headscarf. She submitted several job applications to different schools but was turned down. So, in 2008, she completed further training and became a family therapist.

It has been over 15 years since she was first rejected by a German state due to her faith and appearance and was forced to switch careers. Now, she is facing rejection again as a lay judge –– for the same reasons. She is hoping the German Constitutional Court will confirm her civil rights in this country.

This article was originally written in German.

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