Church of Scientology Reply to the German Government’s Defense of its Discrimination
Misrepresentation of Court Rulings
For further information contact:
Leisa Goodman
(323) 960-3500
e-mail: humanrightsofficer@scientology.org
Church of Scientology Reply to the German Government’s Defense of its Discrimination
Misrepresentation of Court Rulings
German officials have consistently made false and misleading representations about the Church of Scientology’s record in German courts. The government ignores that there are more than 35 court rulings affirming the religious nature of Scientology in Germany alone. It ignores that major rulings from the Supreme Courts of the United States, Australia, Italy and Austria have upheld the religious bona fides of the Church. There are scores of other such positive rulings and governmental recognitions around the world.
In a November 6, 1997 decision, for example, the Federal Administrative Court in Germany rejected the rationale relied upon by the government to justify its position that the Church of Scientology is a commercial enterprise. The Court ruled that “an idealistic association does not become a business enterprise it if is commercially active in order to accomplish its idealistic purposes.... and this is the case here because auditing, per the statutes, is understood as ’spiritual counselling’, and the seminars and courses intended ’to achieve a higher level of existence’ are based on the commonly held convictions of members, without which they would have no value for the recipients.’”
The Court sent the case back to the lower court for reexamination in the light of its ruling. The government has now withdrawn its suit, and the Court ordered it to pay the Church's costs.
In January 1998, the Hamburg Superior Court relied upon the Federal Administrative Court decision to find that:
“[The Church of Scientology] is recognized as a religious community, and its financing through contributions in the form of donations does not constitute commercial activity according to the general view (see Federal Supreme Administrative Court press release of November 6, 1997).”
Continued...
For further information contact:
Leisa Goodman
(323) 960-3500
e-mail: humanrightsofficer@scientology.org