Headscarf ban for trainee lawyers ruled constitutional
February 27, 2020
The German state of Hesse bans headscarves from being worn by lawyers and trainee lawyers in courtrooms. A woman had hoped to prove this was unconstitutional; but the German top court judges thought otherwise.
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A headscarf ban for lawyers and trainees in German courtrooms is not unconstitutional, ruled the country's top court on Thursday.
A German-Moroccan law student had hoped to prove that the law in Hesse, which forbids headscarves during training in the courtroom, was unconstitutional. She said it did not allow her to practice her right to religious freedom and personal expression.
Due to the ideological and religious neutrality of the state, the legislator can prohibit the wearing of headscarves, ruled Germany's Constitutional Court.
"The obligation of the state to be neutral cannot be anything else that the obligation of its officials to also be neutral because the state can only be enacted through people," it concluded.
Judges at the Constitutional Court agreed on the ruling with one vote against. Ulrich Maidowski said that in he did not think that interference with freedom of belief can be justified under constitutional law.
Shortly after the complainant began her legal traineeship in 2017 she was told she would be unable to wear a headscarf in public-facing roles in the courtroom. She then made a complaint to the Hesse Higher Administrative Court and lost, before taking the case to the Constitutional Court.
The law in German state of Hesse bans any expression of religion in its courtrooms for its judges. This was extended to trainee lawyers in 2007.
The Constitutional Court ruling emphasized that all states in Germany are able to enforce a ban on headscarves, but they must not — it is up to the individual states to decide if they want to or not.
"Hats off": The cultural — and sometimes political — symbolism of headdress
From helmets to top hats, headscarfs to baseball caps, headwear has a long tradition. Today hats might go in and out of fashion, but as headscarves are banned a new exhibition shows the symbolic power of headgear.
Image: Haus der Geschichte Baden-Württemberg/V. Schrank
Attention seeker
A hat as a landing site for a bird of paradise. This extraordinary headdress was worn by wealthy women in the early 19th century, one assumes to draw attention to themselves. Might the preserved exotic bird transfer its beauty to the wearer?
Image: Haus der Geschichte Baden Württemberg
Military headgear
Even under a fabric camouflage, the characteristic shape of the German spiked helmet, or "Pickelhaube," remains unmistakable. It remained a purely military accessory before it was adapted by police and even firefighters. Most often associated with Prussian soldiers whose uniform the helmet belonged to from the middle of the 19th century, the spiked helmet was famously worn by Otto von Bismarck.
Image: Haus der Geschichte Baden Württemberg/B. Eidenmüller
Pussyhat: Protesting Donald Trump
This pink handmade hat with cat-like ears, dubbed the pussyhat, was created to be worn by hundreds of thousands of women taking part in the "Women's March" that happened across the US and the world in March 2017 to protest against the misogyny of the newly elected US President, Donald Trump. The hat has since became a feminist trademark in the #MeToo age.
Image: Haus der Geschichte Baden-Württemberg/D. Matthiessen
Chemical warfare headdress
Respirators are also a special type of headgear. Soldiers wore them in the First and Second World Wars to survive poison gas attacks, a new insidious form of warfare that has thankfully since been banned. But these days masks, if not quite respirators, are commonly used by people living in highly polluted cities.
Image: picture-alliance/dpa/T. Weller
Headscarf ban
To oppose the ban on teaching students while wearing a headscarf, Fereshta Ludin went to the Federal Constitutional Court in Karlsruhe in 2003 but lost her case. The dispute over the headscarf ban divided Germany. The "Hat's off" exhibition at the Stuttgart House of History in Baden-Württemberg is advocating for more tolerance, no matter what one chooses to wear on their head.