A German administrative court in Hesse ruled on Monday that a Muslim woman cannot serve as a judge or prosecutor if she refuses to remove her headscarf during court proceedings. The court upheld the authorities’ decision to reject her application. The Darmstadt court stated that her religious freedom holds significant constitutional value. However, it found that this right is outweighed by other constitutional principles. The ruling emphasized state neutrality and the religious freedom of trial participants.
According to the court, officials asked the applicant during an interview if she would remove her headscarf before speaking with trial participants. She clearly stated that she would not. Hesse authorities later rejected her application due to this position. They argued that visible religious symbols in courtrooms undermine the principle of state neutrality. They said such displays could erode public trust in the justice system’s impartiality. The court supported this reasoning and maintained that neutrality must remain evident in all judicial proceedings.
Similar Ruling in Lower Saxony Intensifies Debate
A similar decision emerged in October in Lower Saxony. The Braunschweig Higher Regional Court ruled against a woman seeking to serve as a lay judge while wearing a headscarf. The court stated that state law bars judges from displaying symbols that express political, religious, or ideological views during trials. It noted that this restriction applies equally to lay judges. The ruling aligned with earlier interpretations of judicial neutrality across Germany.
Religious freedom advocates criticised the decisions on social media. They argued that such rulings reflect a biased application of state neutrality. They said the neutrality principle has become a tool for discrimination rather than fairness. Critics stressed that the decisions disproportionately affect Muslim women. They warned that these restrictions hinder equal access to the legal profession and public service. They also argued that the rulings send a discouraging message to young Muslim women pursuing legal careers.
