The Bavarian Crucifix Case: One of the Biggest Crises of the Bundesverfassungsgericht

Abstract

The German Federal Constitutional Court (GFCC) is certainly one of the most respected institutions in Germany and beyond. The court and its decisions enjoy a high level of public support among German citizens, which implicates that the political elite has almost always complied with the tenor of the court’s decisions. Nevertheless, political leaders felt sometimes encouraged to evade the command of the GFCC. One of these rare occasions was the so-called Kruzifix decision from 1995 when Bavarian politicians have not only openly criticised the court but called upon resistance against the court decision during a public demonstration in Munich with more than 20,000 participants. The present study will disclose the causes that led to one of the greatest crises of the FCC since 1945, and focus on the question why the position of the FCC has been (temporarily) destabilised by the issue of the crucifix in the classroom and the question of freedom of religion.