The beginning of the history of the Catholic Church in Germany dates back to the early Roman times. The first diocese was established in the 3rd century. In addition to the Christianisation by the Catholics, the Lutheran Reformation of 1517 continues to have an effect on the religious situation in Germany until these days. Products from this period of time are the still existing Protestant Landeskirchen. Those Landeskirchen were in the past presided over by local sovereignties, such as supreme bishops. The Catholic Church had a strong secular power since the Middle Ages, because the three archbishops of Trier, Cologne and Mainz were Prince Electors of the Holy Roman Empire. According to the Reichsdeputationshauptschluss of 1803, the power of the Catholic Church was limited, when the Church’s property was largely secularised. The Weimar Constitution of 1919 established a principle of separation of State and Church, however accepting co-operation matters, such as religious education in public schools, Church tax and military chaplaincy. Facing responsibility towards the murder of millions of European Jews by Nazi-Germany in the 1940s, the Jewish religious community plays a specific role today.

II. Social Facts

In Germany there are two major Churches. On the one hand the Catholic Church with about 26.5 million members; on the other hand the Protestant Church with about 26.2 million members. The Protestant Church consists of different units, called Landeskirchen, which form together the Evangelical Church of Germany (EKD).  Protestant Churches are either Lutheran or Reformed Churches. The Islam has nearly 3.2 million followers. Jewish communities have more than 100,000 members. Orthodox Christians are a community of 1.2 million members. Due to the fact, that the political system of the former Eastern Germany took a hostile stance on the churches, in this part of Germany the amount of inhabitants without any confession is significantly higher than in the western part of the country.

III. Basic Categories of the System

In Germany State and Church are separated, however the constitution provides cooperation between these two institutions in cases of equal care of citizens. There are three basic principles determining the German State Church System: neutrality, tolerance and parity.

According to the principle of neutrality, there is no Established Church in Germany (Art 137 (1) WRV in conjunction with Art. 140 GG). The State must not have specific preference of a religious community or judge their belief. Religious institutions as well as ideological institutions have to be treated alike by the State. Religious communities regulate and administer their own affairs independently, corresponding to general law without intervention from the State (Art. 137 (3)).

Due to the principle of tolerance, the State is obliged to recognise all religious communities in the same way, as well as to afford a space for religious needs (positive tolerance).

The principle of parity contains the public obligation to treat religious communities alike. However, there exists a constitutionally caused graded parity, admitting the possibility to consider different legal statutes of religious communities.

These three principles have to be regarded in the context of the interpretation of the freedom of religion, which is guaranteed in Art 4 GG. This Art is also the source of the principle of positive and negative tolerance: on the one hand every individual is free to believe and to behave in corresponding mode (positive tolerance), on the other hand the individual is free to not believe and not being part of a religious community (negative tolerance).

IV.  Cultural and societal exercise of functions

Each of the two Churches in Germany runs several private schools. Being of equal quality, private schools can replace the attendance in public schools. These private schools are consequently treated like public schools under public supervision, due to Art 7 (1) GG. The two Churches also run private kindergartens for children from 4 to 7 years.

Religious education is part of the regular curriculum in public schools, except in non-confessional schools. The lessons are held in accord with religious communities. The decision whether children are supposed to participate in religious education or not is incumbent on the parents or guardians. The children may choose themselves by the age of 14. A teacher must not be forced to educate religious lessons against his or her will.

The question of religious education for Muslim school children is still unanswered. There are culture lessons in Turkish and Farsi, including Muslim religion. But a regular Muslim education has not yet been established, because there is a lack of representatives on the side of the Islamic communities. More than 600.000 Muslim pupils attend German public schools. Pupils are allowed to wear religious symbols, like the Muslim headscarf. In principle teachers are allowed to wear religious symbols, too. However, exceptions arise in a few Länder, when they started to forbid teachers to wear certain symbols of religious affiliation. This highly controversial interdiction is relating especially to the Muslim headscarf.

At many public universities there are theological faculties, which are guided denominationally. The Churches have an influence upon organising the theological faculties, while the influence of the Catholic Church is larger. The Catholic Church has its own University in Eichstätt, including also non-theological faculties.  Aside there exist a number of church-run colleges.

Due to State-Church treaties, Churches have a public mandate, which offers them to have a say and a right to information concerning aspects of public life. Aside Churches have broadcasting time on television and radio and can send representatives to the supervisory boards of public institutions. Churches also possess representative positions on the supervisory boards of public institutions.

V. Legal foundations

Freedom of religion is guaranteed in Art 4 of the Basic Constitutional Law (GG). This freedom of religion contains freedom of faith, of conscience, and freedom of creed, religion or ideology, which are inviolable. Practise of religion is guaranteed. Art 140 GG incorporates Art 136-139 and 141 of the Weimar Constitution of 11 August 1919 into the Basic Constitutional Law; consequently these Articles are fully part of the German Constitution. Religious education, which is guaranteed in public schools, is treated in Art 7 (2) and (3).

Other regulations are administered in the Basic Law or in laws of the Bundesländer (Federal States), concerning domains such as theological faculties in public universities. In Germany the Bundesländer have the competence to largely regulate the Church-State relation. Consequently the German State Church system is fixed in subconstitutional regulations. Furthermore there exist concordats and Church-State treaties that regulate the relation between State and churches and common domains. Concerning the relation to the Catholic Church, the Reichs-Konkordat of 1933 builds the groundwork, which approved as treaty under international law.

Every religious community regulates and administers its own affairs within the boundaries of general law. The Church’s finance arises largely from Church tax paid by the members’ income tax. In Germany religious communities basically dispose of a status of a Public Law Corporation. However, religious communities are not integrated into the State system, but maintain their independence. Religious communities can apply for the status of a public law Corporation at the federal state level. The condition for receiving this status is the guarantee of consistency proved by bye-laws and a certain number of community members. Religious communities not disposing of a public law corporation receive a civil law status as a private registrated association. Marriage is a secular matter of civil law. It takes place in the register office. A religious wedding always has to be in conjunction with a civil law wedding, otherwise it will not be recognised legally.