Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
This compromise not completely satisfying the Centre, which used its
influence to effect a change, a new plan was therefore accepted.
This introduced the denominational school, properly so-called, into
the Constitution. According to this plan, the wish of parents would
decide whether a school should be secular, mixed or denominational, the
free choice by the parents being limited only by the requirements of
well-ordered scholarship. The parties of the Left vigorously opposed
this. The most serious objection they raised was that it would have as a
consequence the necessity on the part of some states, such as Baden and
Hesse, which had already introduced mixed schools legally, to renounce
them again. A new compromise was thereupon arrived at, which under the
new form became the final text. Denominational schools and lay schools
would constitute exceptions and could not be established except when
demanded by heads of families and conditioned by the requirements of
well-ordered scholarship. As for the rest the educational questions must
be regulated, the principles by an educational law for the Reich, the
details by the legislation of the States.
Thus _in principle the public school is mixed_. The public school is
attended by all children no matter to what religion they belong, and
religious instruction forms part of the regular school curriculum.
(Article 149.) The imparting of religious instruction in the school must
take place within the general framework of educational legislation. In
other words, it is not the church but the State which gives instruction.
It is the State that must take into its hands the organization of
religious instruction. It is the State that decides what place religious
instruction shall hold in its curriculum. It goes without saying,
however, that, as to the content of religious instruction, this must be
in agreement with the principles of the religious society concerned.
No teacher, according to Article 149, par. 2, can be compelled to give
religious instruction or to participate in religious exercises. In the
same way no pupils are obliged to take religious instruction or to
participate in ecclesiastical ceremonies and festivities. They may only
be compelled to do so if the persons who have the right to decide on
their religious education express the desire that they do so.
Public-domain text, read in full here on John Shaqi.
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