Good Friday remains free of dancing: Federal Constitutional Court confirms bans!

Good Friday remains free of dancing: Federal Constitutional Court confirms bans!

In Germany, dancing remains prohibited on Maundy Thursday and Good Friday. This is what the Federal Constitutional Court decided in a recent decision in which it declared the ban on dancing in Lower Saxony to be legal. The Court rejected the submission from the Göttingen District Court as inadmissible because the alleged interference with the freedom to practice a profession and the negative religious freedom of non-Christians could not be proven. This is reported by jesus.de.

Back to the night from Maundy Thursday to Good Friday 2024, when around 90 people danced in a discotheque in Göttingen despite the ban on dancing. After a tip from the city's public order service, the music finally had to be turned off, which cost the operator a fine of 1,700 euros. The city cited an existing ban that does not allow for exceptions.

Background and legal regulations

The Federal Constitutional Court found that local authorities have the right to issue exceptions to the ban on dancing, but this was not considered in this specific case. In Germany there are such bans on dancing on quiet days, including Good Friday. They not only apply to dance events, but also affect other public events, such as sporting events. This also seems to divide citizens: According to surveys, there are mixed opinions about maintaining the dancing ban.

In Bavaria it is even completely forbidden to hold musical performances in bars on Good Friday. In Berlin, however, a large dance sports tournament is held on Good Friday. The regulations regarding bans on dancing vary greatly from state to state and are determined by specific holiday laws. For example, in Hesse there is a ban on dancing on all Sundays from 4 a.m. to 12 p.m.

Legal situation and challenges

The Göttingen District Court had referred the question of the dance ban to the Federal Constitutional Court for clarification because it was of the opinion that the ban represented a violation of the negative freedom of religion (Article 4 GG) and the freedom to practice a profession (Article 12 GG). But the Federal Constitutional Court pointed out that the submission differed from the reality in the applications and that the proven facts were not sufficient to prove the violation. According to the court, the ban merely represents a special protection of peace and quiet on public holidays, which is by no means disproportionate.

The debate about the dance ban is not new and has already caused public protests in the past. There are always voices from various cities calling for a reform of public holiday laws. Initiatives and associations such as the Humanist Association of Germany have been calling for a departure from these traditions for a long time.

It remains to be seen whether this situation will change. For the coming holidays, however, one thing remains clear: dancing remains prohibited, and the laws in this regard are firmly established in many federal states. Further information can be found in the press release of the Federal Constitutional Court here and on Wikipedia.