Church of Scientology Reply to the German Government’s Defense of its Discrimination
Religious Recognition
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
Religious Recognition
The German government makes sweeping and untrue statements claiming that various countries have denied Scientology religious recognition. In addition to the United States, which has been covered above, Scientology has been recognized by courts or governmental authorities in the following countries.
o Germany
More than 35 court decisions, from Hamburg to Munich, have concluded that Scientology is a religion. By way of example, The Regional Court of Munich stated on January 7, 1993 that “Scientology is a religious belief and its services are of a religious nature.” Yet the one decision cited by the German Federal Government to support its false contention that Scientology is “not recognized” is not a court order.
In November 1997, the Federal Supreme Administrative Court rejected the rationale relied upon by the German government to justify its position that the Church of Scientology is a commercial enterprise. The Court found that an idealistic association does not transform itself into a commercial association if it employs commercial-like activities as a means to achieve its primary idealistic purpose.
Applying these principles to Scientology, the Court noted that the Mission, pursuant to its corporate statutes, is a religious community and its purpose is the practice and dissemination of the Scientology religion and its teachings.
In August 1997, the Federal Supreme Tax Court determined that a lower tax court’s judgment that a Scientology Mission is a commercial activity was not founded on credible evidence. The Supreme Tax Court criticized the lower court for making assumptions that Scientology is not a religion based upon documents such as German media reports and publications provided by the Tax Office and not made available to the Mission. The Mission was also not provided the opportunity of a hearing to proffer evidence and arguments supporting its position. The Supreme Tax Court cancelled the lower court’s ruling.
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For further information contact:
Leisa Goodman
(323) 960-3500
e-mail: humanrightsofficer@scientology.org