US embassy cable - 04FRANKFURT5675

UNCLAS FRANKFURT 005675 
 
SIPDIS 
 
DEPARTMENT FOR EUR/AGS AND DRL/CRA 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, GM 
SUBJECT: German Court Approves Ban on Teacher Headscarves 
 
REF:  A) 98 Frankfurt 6465; B) 00 Frankfurt 3078; 
 
      C) 01 Frankfurt 6028; D) 03 Frankfurt 8335; 
      E) 04 Frankfurt 1390; F) 04 Hamburg 0001 
 
1.  SUMMARY:  On June 24, the Federal Administrative Court 
in Leipzig upheld the Baden-Wuerttemberg (B-W) law banning 
headscarves on public school teachers.  It dismissed the 
appeal of Fereshta Ludin, whose case has become a bellwether 
for Germany's tolerance of Muslim religious expression in 
public life.  END SUMMARY. 
 
2.  In April, the B-W state government became the first 
German state to outlaw the wearing of headscarves for Muslim 
teachers in public schools (ref E).  On June 24, the Second 
Senate of the Federal Administrative Court in Leipzig ruled 
that the B-W headscarf law is in accordance with the German 
constitution (Basic Law), thus dismissing Ludin's lawsuit. 
The Second Senate further stated that reference to Christian 
and Jewish traditions in the law does not constitute 
preferential treatment to those religions. 
 
3.  With yesterday's verdict, the court upheld its July 2002 
decision against Ludin.  In November 2003, Germany's Supreme 
Court (Federal Constitutional Court) returned the case to 
the Administrative Court pending a new law regulating the 
issue.  The Administrative Court also considered the case of 
a Muslim teacher from Lower Saxony, ruling that she can keep 
her position after she declared at the hearing that she will 
now remove her headscarf during instruction. 
 
4.  The B-W state government and opposition both welcomed 
the verdict.  B-W Education Minister Annette Schavan (CDU) 
indicated that the state will now move to dismiss two other 
female teachers who have refused to take off their 
headscarves. 
 
5.  COMMENT:  With this latest verdict, the B-W legislation 
has overcome its first constitutional hurdle.  Ms. Ludin 
will likely appeal again to the Constitutional Court.  That 
court, which had avoided a clear-cut decision last November, 
will need to come to a unequivocal verdict.  In the 
meantime, the image of German authorities compelling Muslim 
women to remove their headscarves will continue to 
complicate relations with Germany's Muslims.  END COMMENT. 
 
BODDE