Germany's highest court: blanket head scarf ban is discriminatory

Germany's constitutional court has overturned a blanket ban on head scarves at work.

Two school teachers had taken a discrimination complaint all the way to the Bundesverfassungsgericht and prevailed.

Head scarves for teachers have been a political issue in Germany for decades, and some states forbade teachers to wear a scarf in class. This ban was challenged and overturned by the same court over 10 years ago. At the time, it said the ban was not specific enough and states needed specific laws to justify the measure.

A number of German states then went and passed draconian bans, citing "danger" to the wearers while simultaneously allowing nuns head wear and yarmulkas.

To non-Germans, a law that prohibits head scarves for Muslims and allows Christian and Jewish wear can seem an obvious non-starter. In modern Germany, ten years of lawsuits can with a bit of luck convince the courts.

That difference, to us at the K-Landnews, seems to be an indication that German administrative law and court decisions in this area are, let's say, more relaxed about the concept of discrimination as well as the timescales allowed for implementing relief if and when courts order such remedies.

What are the consequences of overturning the ban?

1. Media outcry
Not by the media - though we don't know how tabloid BILD will deal with it - but in reader comments.
At the time of this posting, the conservative mainstream Frankfurter Allgemeine (FAZ) has not enabled the reader comment feature.
Slightly more "liberal" Die Zeit has comments enabled, and you can find some fine specimen here.

2. Exploitation by some politicians
It will take a few days, maybe weeks, before we see some politicians pick up the decline of Western culture theme.

3. Legal experts pronouncing the end of the civil service status "Beamte" as we know it
One of our favorites on the subject of the German workplace, those civil servants with the coveted status of "Beamte", which includes most teachers at state schools, will no longer be cookie cutter personalities when some can wear head scarves at work.
Don't laugh, an article here in FAZ already deals with the disturbing question of "self-actualization" as a Beamter. Hint: Beamte are not supposed to do this.

4. A potential decline in schoolroom crucifix sales?
Lots of school rooms in German state schools still have crucifixes, especially in traditionally Catholic states like Bavaria. These days, removal of a crucifix is done without much publicity, but sales for classroom size symbols will likely decline further.

Makes some of us at the K-Landnews nostalgic about dress codes in the American software industry ca. early Silicon Age: I don't care what you wear, just wear something! 

True quote by a CEO.