US embassy cable - 05FRANKFURT8529

UNCLAS SECTION 01 OF 02 FRANKFURT 008529 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM, KISL, PGOV, SCUL, SOCI, GM 
SUBJECT: Controversial Headscarf Ban Proposed In State of 
Baden-Wuerttemberg 
 
REF: 04 Frankfurt 5675 
 
Sensitive but unclassified; not for internet distribution. 
 
SUMMARY 
------- 
 
1. (SBU) The Christian Democrat/Free Democrat (CDU/FDP) 
Baden-Wuerttemberg state government is drafting 
controversial legislation that would ban public kindergarten 
teachers from wearing headscarves.  Opposition parties and 
city officials oppose the legislation, arguing that local 
communities should have the flexibility to decide the issue 
and that the ban could backfire against efforts to integrate 
Muslims into mainstream German society.  An internal report 
Post obtained from the B-W Justice Ministry indicates that 
officials share similar concerns.  END SUMMARY. 
 
Controversial Headscarf Legislation Proposed 
-------------------------------------------- 
 
2. (U) In April 2004, Baden-Wuerttemberg (B-W) was the first 
state in Germany to ban headscarves for teachers in public 
schools.  Supporters of the first ban argued that teachers 
who wear headscarves undermine both the religious 
"neutrality" of compulsory public schools and the 
integration of Muslim women into mainstream society 
(reftel).  The state government is preparing a controversial 
new bill that would extend the ban to include kindergarten 
teachers (who were not covered under the first law).  (NOTE: 
In the German system, kindergarten is voluntary and 
regulated at the municipal level, and is separate from the 
compulsory grades one through twelve.  Former State 
Education Minister Annette Schavan (now federal education 
minister) was a major proponent of the state's original 
headscarf ban.  END NOTE). 
 
Legal Developments 
------------------ 
 
3. (U) The case that brought the issue to the forefront was 
the recent firing of Nuray Arioez, a 31-year-old teacher of 
Turkish descent at the public kindergarten of Ebersbach 
(Goeppingen county).  The city of Ebersbach dismissed Arioez 
earlier this year after she began wearing a headscarf during 
working hours (Arioez says her daughter's recovery from 
leukemia rekindled her faith).  Arioez is now challenging 
the dismissal in court. 
 
Opposition to the Ban 
--------------------- 
 
4. (SBU) B-W State Commissioner for Foreigners Christian 
Storr (FDP) told a Consulate representative that unlike the 
first law, which enjoyed broad political support, the new 
ban is likely to meet strong opposition.  Opponents argue 
that since kindergarten is voluntary, parents can withdraw 
children from any school should they oppose teachers wearing 
headscarves.  Some politicians argue it is more important 
that religious neutrality is preserved in compulsory public 
schools than in optional kindergartens.  The debate is also 
jurisdictional: states administer grade schools and 
universities while municipalities govern kindergartens. 
Social Democrats and Greens are squarely against extending 
the ban and will propose legislation empowering 
kindergartens to decide the issue independently.  Stuttgart 
Mayor Wolfgang Schuster (CDU) has also spoken out against 
the new ban;  the city of Stuttgart handles the issue on a 
case-by-case basis (thirty kindergarten teachers currently 
wear headscarves during duty hours) and has reportedly 
received no formal complaints from parents or other groups. 
The Association of B-W Cities also rejects the state's 
proposal, arguing that communities have jurisdiction on this 
issue. 
 
B-W Justice Ministry Reveals Concerns 
------------------------------------- 
 
5. (SBU) Post obtained a copy of an internal report from the 
B-W Justice Ministry that highlights its concerns over the 
proposed legislation.  The report cites the fact that 
kindergarten is voluntary and enjoys more legal autonomy 
than the compulsory public school system;  in addition, 
kindergarten teachers are not civil servants and are not 
subject to the same restrictions with regard to wearing 
religious symbols.  Some within the government argue that a 
headscarf ban for kindergarten teachers -- by prompting 
devout Muslims to withdraw their children -- would be 
counterproductive to the state's efforts to promote German- 
language early education and to integrate Muslims into 
mainstream German society. 
 
BODDE