Religious Apartheid 1997 – Continuing Official Repression of Minority Religious Rights in Germany

Numerous court decisions in Germany have found that Scientology is entitled to the protections afforded religions and philosophical communities under Article 4 of the German Constitution.⁸⁸ In the opinion of these courts, Scientology fulfills the characteristics constituting a religious or philosophical community as (1) an association of a specified number of people within a specific area, (2) possessing a religious creed which is related to the essence of Man’s existence, and (3) which constitutes a comprehensive manifestation of the association’s religious or philosophic views.

Under general principles established by the Federal Constitutional Court, Scientology is clearly a religion. Scientology is treated as a religion because its views involve the ultimate nature of reality, because of its internal cultural tradition, and because it is generally so regarded among social scientists and the public at large. Indeed, in a February 1996 decision, the Frieburg Municipal Court reaffirmed prior German decisions which judged Scientology to be a religion. The Court determined that “Scientology may not be treated differently from other religious or philosophical associations” in Germany.

In Canada, the United States, Australia, and in other countries, Scientology ministers are officially recognized as ministers of religion allowing them to perform marriages. Churches of Scientology are registered in countries throughout the world as religious organizations, including former communist countries such as Hungary and Russia.

In August of 1995 in a case concerning the Church of Scientology of Vienna, Austria, the Independent Administrative Senate concluded that Scientology is a religion and not a trade or business, that Scientology auditing is a religious activity, and that the religious services in question were conducted solely for religious purposes and not for profit.

In addition, eminent international experts and scholars in theology and comparative religion have rendered their independent and learned opinions that Scientology satisfies any applicable academic or philosophic definition of religion. These scholars include many of the foremost experts on the subject, including Dr. Bryan Wilson, Reader Emeritus in Sociology at Oxford University; Professor Klaus Obermayer of the University of Erlangen Nuernberg; Professor of Theology Harri Heino, Tampere, Finland; Professor of Religion Arne Berglie, University of Stockholm, Sweden; and Regis Dericquebourg, French Sociologist and author of Healing Religions.

Moreover, on October 1, 1993, the United States Internal Revenue Service (IRS), determined that the Mother Church of the Scientology religion and all other United States Churches of Scientology and related charitable organizations, more than 150 Churches and organizations in all, are tax exempt under section 501(c)(3) of the United States Internal Revenue Code. That statute accords tax exemption to those organizations organized and operated exclusively for religious, charitable or educational purposes.

Germany cannot simply ignore unequivocal international precedent, including German decisions, and refuse to recognize the religion’s bona fides in order to justify violations of fundamental human rights mandated by international law. Such conduct contravenes the conscience of the world and the law.

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