Der Religionsunterricht als „ordentliches Lehrfach“ auf dem Prüfstand des Verfassungsrechts

Abstract

Religious education as a "ordinary subject" to the test of the constitutional law

Concerning the constitutionally guaranteed character of religious education as a regular subject in the curriculum of public schools (Art. 7 sec. 3 cl. 1 GG), the prevailing opinion has given rise to a wide range of conclusions. Some of them are worthy of discussion: Is religious education, in practice, a compulsory school subject for students affiliated with a religious denomination (yet with the option to opt out and without requiring formal enrollment)? What are the practical consequences of the character of religious education as a regular school subject concerning, for example, school supervision, equal treatment (with regard to cost burdens, academic and pedagogical standards, language of instruction, and minimum class size), denominational homogeneity of the student body and the liability for damages? What broader effects does the character of religious education as a regular school subject have concerning faculties of theology, Islamic religious education, ethics, and the criteria for recognition as “religious communities” (Art. 7 sec. 3 cl. 2 GG)?