School prayer

A school prayer is a common prayer of all school children in a classroom before the start (or end ) of the lesson. The implementation of a school prayer is in conflict with the negative freedom of religion and the principle of separation of church and state.

Currently, the school prayer in Germany takes place in denominational schools. In some countries, school prayer is generally practiced daily practice today. In secular states school prayer is unusual.

History

The school system in Europe was worn from the Middle Ages through the churches. Both the religious instruction and school prayer were integral components of the school curriculum. With the Reformation, the question of the (correct) school prayer presented for the first time. According to the principle Cuius regio, eius religio ( whose region, his religion), the school system divided into Catholic and Protestant schools. Even if the shapes of the school prayer now distinguished denominational, no one questioned the usefulness or necessity of school prayer in question.

With the advent of the Age of Enlightenment religious freedom first of all was the freedom of establishment of denominational schools, who maintained the tradition of school prayer.

With the end of the 18th century, the simultaneous school prevailed. Even though this was now across denominational, they do based on the common Christian faith. Furthermore ( ecumenical ) were school prayers spoken and not made school prayer in question.

With the November Revolution in Germany sat down for the first time the principle of separation of church and state in approaches by. Participation in the school prayer was voluntary. Despite these formal voluntary to students who do not wish to participate in the school prayer translated, the risk of social isolation from. 1965 therefore declared the Hessian State Supreme Court school prayer inadmissible. A constitutional complaint against this decision by the method was not concerned by the Federal Constitutional Court in 1968 rejected as inadmissible. In 1979, the Federal Constitutional Court ruled: " The school prayer is basically even constitutional harmless, if a student or his parents oppose the holding of prayer; their fundamental right to negative freedom of religion is not violated when they can decide on participation in the prayer freely and without constraints. "

Current Situation in Germany

On the occasion of the so-called headscarf dispute and the public debate about crosses in classrooms (see eg Crucifix decision Aygül Özkan ) and other public institutions (eg courts), the school prayer was discussed.

New attention has been the topic of " school prayer " (actually, " Private prayer in school " ) will obtain a higher administrative court judgment: the 3rd Division of the Higher Administrative Court of Berlin -Brandenburg decided on 27 May 2010 that a Berlin school is entitled to a Muslim students to prohibit the demonstrative prayer in teaching breaks. The student Yunus M. had complained of such right and won the case in the first instance to the Administrative Court of Berlin. The coming together of different religions at the Diesterweg School in the Berlin district Gesundbrunnen mountains considerable potential for conflict that would endanger the peace of the school. The conflicts ( as the presiding judge ) would be exacerbated when the exercise of the Muslim prayer would be allowed. The ruling applies only to the individual case; but he is credited as a signal.

The prayer was indeed detected by the fundamental right of religious freedom, it was here but restricting it. Would you allow religious ritual acts, the school peace and the protection of fundamental rights of fellow students was not sufficiently guarantee. The ritual Islamic obligatory prayer may be perceived by the outside - unlike the silent prayer of the individual. It is plausible that the school has provided a room. If one were to request that in other cases, it shall sprinkle (given the variety of faiths ) the organizational capacity of the school; the students also have no constitutional right to it.

The Counsel of the Berlin Senate ( the latter had appealed against the first instance judgment ) emphasized at the hearing, the prayer is "a collective rite of a political nature, the influence to exert on others," it is demonstratively and missionary. Students would ostracized or pressured. Acting on behalf of Senate Islamic scholar stressed Muslims should combine their midday prayer problems with a later prayer.

The losing at OVG Berlin -Brandenburg pupils M. Yunus has, however, revision filed with the Federal Administrative Court, for which he was granted legal aid. The Federal Administrative Court dismissed the revision on 30 November 2011. M. Yunus could draw even before the Federal Constitutional Court.

Other countries

USA

In the U.S., freedom of religion is protected by the 1st Amendment to the Constitution of the United States. The so-called " establishment clause", which serves to protect against the establishment of a state religion in 1985 in the case of Wallace vs.. Jaffree interpreted by the Supreme Court that school prayers were generally permitted.