Headscarf ban: lay judge in Braunschweig loses court position!

Headscarf ban: lay judge in Braunschweig loses court position!

On October 23, 2025, the Braunschweig Higher Regional Court decided that a lay judge at the regional court must lose her office because of wearing a headscarf in the courtroom. This decision is final and cannot be appealed. As NDR reports, the court argued that wearing a headscarf was a clear violation of the state's neutrality requirement and that Lower Saxony Justice Act. These laws prohibit the wearing of symbols or clothing that express religious, philosophical or political beliefs.

The alderwoman, who wore the headscarf for religious reasons, was faced with a clear dilemma. Despite its emphasis on religious freedom, the court agreed that confidence in the neutrality and independence of the judiciary outweighed the issue. Against this background, the Higher Regional Court (OLG) made the decision to remove the lay judge from her office, which represents a further step in the legal assessment of the neutrality requirement in Lower Saxony. The Hamm Higher Regional Court has already made a similar judgment in a similar case in 2024.

Headscarf ban between religious freedom and neutrality

The judgment of the Braunschweig Higher Regional Court, based on the neutrality requirement, leads to a conflict between individual rights and the state's duty of neutrality. According to Article 4 Paragraph 1 and 2 of the Basic Law, the headscarf falls under the protection of religious freedom. Nevertheless, the OLG emphasizes that maintaining the functionality of the administration of justice and trust in the judiciary have priority. Lay judges are judges without robes who are elected every five years and play an important role in reaching a verdict. They require a two-thirds majority for their judgments - one reason why neutrality in their appearance is of enormous importance.

The question of religious ideology in the public service is discussed again and again. The concept of religious and ideological neutrality is a fundamental element of the principle of equality in Germany, even if it is not explicitly anchored in the constitutional text. This neutrality requires that the state should not have any influence on religious or ideological directions, which is particularly important in public institutions such as schools and courts. The juraforum emphasizes that religious symbols should not be accepted in public buildings, especially in courts.

This decision raises a number of debates: How much space should religious freedom be given in public spaces? Is the neutrality requirement too strict? While some voices welcome the court's decision, others see it as an excessive interference with individual rights. Given this complex matter, it is to be hoped that future court decisions can draw a clear line in this area of ​​tension.