BERLIN
A German court has ruled that a Muslim woman cannot serve as a judge or prosecutor if she refuses to remove her headscarf during court proceedings, a decision critics call a violation of religious freedoms.
The administrative court in Hesse announced its ruling on Monday, upholding authorities' decision to reject the woman's application. In a statement, the Darmstadt court acknowledged that the lawyer's religious freedom carries significant constitutional weight. However, it ruled that this right is outweighed by competing constitutional principles—including state neutrality and the religious freedom of trial participants.
According to the court's statement, the woman was asked during her application interview whether she would remove her headscarf when interacting with trial participants. She clearly said she would not. Hesse authorities rejected her application, arguing that wearing a religiously symbolic garment during judicial proceedings violates the principle of state neutrality and could undermine public confidence in the justice system's impartiality.
In October, a court in Lower Saxony issued a similar ruling against a woman who sought to serve as a lay judge while wearing a headscarf. The Braunschweig Higher Regional Court ruled that state law prohibits judges from visibly displaying symbols that reflect political, religious, or ideological views during trials—a restriction that also applies to lay judges.
Religious freedom advocates criticized the recent rulings on social media, arguing that Germany's interpretation of state neutrality has become a tool for discrimination rather than impartiality. Critics say such rulings disproportionately affect Muslim women and create significant barriers to their participation in legal profession and public service.