The crucifix saga in Bavaria persists, with the Federal Administrative Court in Leipzig set to deliver its verdict on the cross decree enacted by Minister President Markus Söder (CSU) in 2018. This controversial decree mandates the presence of a cross in every Bavarian state building.
The legal battle started when the anti-religious Association for Freedom of Thought (bfg) challenged the decree in court. They argue that the state should preserve neutrality in religious matters and asked for the removal of the crosses. Their counsel, Hubert Heinhold, stated at the Leipzig hearing that a cross has no place in an official setting, such as when issuing a driving license.
The Bavarian Administrative Court previously dealt a blow to the German government, classifying the crucifixes as passive symbols without any proselytizing nor indoctrinating influence. This setback did not deter the bfg, as they have pledged to challenge the ruling if they lose in Leipzig, eventually aiming for the Federal Constitutional Court in Karlsruhe.
The crucifix controversy has been a divisive topic in Bavaria since its implementation in 2018. Despite criticism – even from the churches who accused Söder of misusing the symbol for election campaign purposes – the decree was put into effect. Paragraph 28 of the rules of procedure for the authorities of the Free State now requires a visible cross in the entrance area of every office building, as an expression of Bavaria's historical and cultural character.
With the Federal Administrative Court’s decision just around the corner, both sides remain hopeful. Regardless of the outcome, the bfg has indicated their intent to escalate the case if they should lose, ultimately aiming for a decision from the German Constitution Court.
[1]: While the provided sources do not mention the decision of the Federal Administrative Court in Leipzig regarding the legality of the Bavarian crucifix decree, the German Constitutional Court has a history of involvement in religious symbol cases. In the crucifix case of 2019, it ruled that the presence of crucifixes in public schools did not violate the constitution, yet highlighted the importance of state neutrality in religious matters.
