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This is an old revision of this page, as edited by Voxpopulis (talk | contribs) at 01:14, 18 February 2009 (→Public opposition to Scientology in Germany: removed second instance of 'certain'). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Scientology has been present in Germany since 1970. It has encountered widespread popular opposition, and German courts have reached contradictory decisions on the issue of Scientology's status as a religion. The German government does not recognize Scientology as a religion, and regards the goals of Scientology as being in conflict with the German constitution. Scientologists in Germany are subject to discrimination and surveillance by Germany's intelligence services. In 2007–2008, there was an attempt to ban Scientology in Germany which was dropped when intelligence services found insufficient evidence of unconstituational activity. Germany has been criticized over its stance towards Scientology, notably by the United States.

Scientology presence in Germany

The Scientology Church in Hamburg.

Scientology first established a presence in Germany in 1970.[1] In 2007 there were ten Scientology Churches located in Germany's major cities, as well as fourteen Scientology Missions.[1] Cities with major Scientology bases include Munich, Hamburg, Berlin, Düsseldorf, Frankfurt am Main, Hanover and Stuttgart.[2] There are nine missions in Baden-Württemberg, and three in Bavaria.[2]

Germany's domestic intelligence service, the German Federal Office for the Protection of the Constitution (Bundesamt für Verfassungsschutz, or BfV), estimates that there are between 5,000 and 6,000 Scientologists in Germany.[1][3] The Church of Scientology reports around 30,000 members.[3]

Public opposition to Scientology in Germany

In Germany, public concerns about the alleged dangers posed by new religious movements such as Scientology date back to the early 1970s, when there was widespread debate about the activities of groups such as the Unification Church, ISKCON, Children of God, and the Divine Light Mission.[4]

Aktion Bildungsinformation ("Educational Information Campaign"), an organisation warning the public to avoid Scientology, was established in the 1970s.[5] It filed successful lawsuits against the Church of Scientology over its proselytising in public places, and it published an influential book, The Sect of Scientology and its Front Organisations.[5][6] In 1981, the organisation's founder, Ingo Heinemann, became the director of Aktion für geistige und psychische Freiheit ("Campagin for Intellectual and Psychic Freedom"), the most prominent German anti-cult organisation.[5]

During the period after the German Unification in the early 1990's the public debate on new religious movements was given fresh impetus. Critics in Germany referred to Scientology as a Sekte, the equivalent of a cult [3], and there was concern among so called "sect experts" (Sektenbeauftrage) that following the demise of the East German socialist system an ideological vacuum existed and that certain sects would seek to capitalize upon this development. Around this time the German media dealt with themes relating to the potential dangers of sects and growing apprehension was fueled by events such as the Waco Siege in 1993, Order of the Solar Temple associated murders and suicides in Canada and Switzerland in 1994, and the 1995 Aum Shinrikyo incidents in Japan.[7]

By 1996 concerns in Germany regarding the potential dangers posed by new religious movements had reached hysterical proportions and it was at this time, in May 1996, that the German Budestag formed the Enquete Commission on "So called Sects and Psychogroups". Central among the commissions concerns were the activities of the Church of Scientology which were by then perceived by many as a major threat to the State and Society.[8]

More recently Pastor Thomas Gandow, a spokesperson for the German Lutheran Church, has called Scientology a "totalitarian commercial cult" and described Hollywood actor Tom Cruise, a Scientologist, as the "Goebbels of Scientology".[9][10] According to a recent poll published in Der Spiegel many Germans now consider Scientology a subversive organization, with popular support for banning the Church running at 67% .[11]

The legal status of Scientology in Germany is currently unresolved.[12] Two points are contested: first, whether or not the teachings of Scientology qualify as a "religious or philosophical teaching" (Religion or Weltanschauung), and secondly, whether or not these teachings are only used as a pretext for purely commercial activity; if the latter were the case, this would most likely imply that Scientology would not qualify for protection as a "religious or philosophical community" (Religions- oder Weltanschauungsgemeinschaft) under Article 4 of the German constitution, which guarantees the freedom of belief, religion and philosophy.[12] Status as a "religious or philosophical community" also affects a broad range of other issues in Germany, such as taxation and association law.[12]

In 1995, the Federal Labor Court of Germany decided that the Church of Scientology did not represent a religious or philosophical community entitled to protection under Article 4 of the German Constitution, but in 2003, in another decision, left this question open again.[12] The Federal Court of Justice of Germany has not yet made an explicit decision on the matter, but implicitly assumed in 1980 that Scientology represented a religious or philosophical community.[12] The Upper Administrative Court in Hamburg explicitly asserted in 1994 that Scientology should be viewed as a philosophical community.[12] The Administrative Court of Baden-Württemberg likewise does not endorse the view that the teachings of Scientology merely serve as a pretext for commercial activity.[12] The Federal Administrative Court of Germany in 2005 explicitly granted a Scientologist protection under Article 4.1 of the German Constitution, which declares the freedom of religion inviolate.[13][14][12] In other legal cases, however, German courts have judged the status of Scientology to be irrelevant to their decision and have opted to leave the question open.[12]

The German government does not consider the Church of Scientology to be a religious or philosophical community[12] and has maintained that Scientology is a profit-making enterprise, rather than a religion.[15][16]

Monitoring by the German domestic intelligence services

The logo of the Bundesamt für Verfassungsschutz.

Because of the way Nazism came to power in Germany in the 1930s, the present German state has committed itself to taking active steps to prevent the rise of any ideology that threatens the values enshrined in the German constitution.[17][18] The BfV domestic intelligence service, whose brief is to protect the German constitution, regards the aims of Scientology as running counter to Germany's free and democratic order, and has been monitoring Scientology in a number of German states since 1997.[19][20][12] Minister for Family Policy Claudia Nolte instituted the surveillance, saying that the church had totalitarian tendencies and that she would oppose Scientology with all means at her disposal.[21]

The German Church of Scientology has repeatedly challenged the legality of this surveillance in court. In December 2001, the Administrative Court in Berlin ruled against the Berlin Office for the Protection of the Constitution and ordered it to stop the recruitment and deployment of staff and members of the Church of Scientology Berlin as paid informants. The court ruled that the use of informants was disproportionate.[22][23] In 2003, the same court ruled that it was illegal for the Berlin Office for the Protection of the Constitution to include the activities of Scientology in its report, given that the report did not document any activities that were opposed to the constitution.[24]

Information leaflets on threats to democracy, focusing on Islamic extremism, Scientology and organized crime published by the Bavarian Office for the Protection of the Constitution.[25] The slogan at the top of the leaflets translates as "Protect our democracy".

At the federal level, Scientology lost a complaint against continued surveillance by the BfV in November 2004. The federal court based its opinion on its judgment that the aims of Scientology, as outlined by L. Ron Hubbard in his writings, were incompatible with the German constitution.[19][26] Lawyers acting for the Federal Office for the Protection of the Constitution had accused Scientology of harboring designs on Germany's free, democratic basic order.[19] They said that Hubbard had written that civil rights, for example, should be restricted to Scientologists, and they asserted that the Scientology organization was taking systematic steps to infiltrate society and government institutions, in order to prevent anti-Scientology legislation.[19] Opposing counsel acting for the Church of Scientology had contended that Scientology was non-political, its aims were the liberation of the human being, and that Hubbard's instructions were valid only within the Church of Scientology and were subject to interpretation, and at any rate there was no effort to implement these instructions in Germany.[19] The court disagreed and ruled that many sources, some of them not accessible to the general public, indicated that the aims of the Church of Scientology did include the abrogation of the principle of equality and other essential human rights.[19]

In Saarland, surveillance was stopped by a court as inappropriate in 2005, because there is no local branch of Scientology and few members.[26] As of 6 May 2008, the Church of Scientology in Germany dropped the legal battle to prevent surveillance of its activities by the BfV after the North Rhine-Westphalia Higher Administrative Court in Münster refused to hear an appeal on the matter.[27] Being suspected of maintaining "ambitions against the free, democratic basic order", the Scientology organization added a declaration on human rights and democracy to its bylaws.[27]

The collection of intelligence on Scientology by the German intelligence services extends beyond German borders. In 1998, the Swiss government detained an agent of the German government, charging him with "carrying out illegal business for a foreign state, working for a political information service and falsifying identity documents".[28][29] The man had allegedly contacted Susanne Haller, a member of the city council of Basel, where the Church of Scientology operates a mission. The German government posted bail for the agent.[30] He was eventually given a 30-day suspended jail sentence for spying on Scientology, and the German government apologized to Switzerland for the incident.[28][31]

"Sect filters"

A "sect filter" is a document that requires an applicant to acknowledge any association with a sect or new religious movement before being accepted for a position.[32] German government agencies have drafted such sect filters for use by businesses; in addition, various local governments operate "sect commissioner's" offices.[32] The city of Hamburg has set up a full-time office dedicated to opposing Scientology, the Scientology Task Force for the Hamburg Interior Authority under the leadership of Ursula Caberta.[33] Sect filters are primarily used against Scientologists, establishing discrimination against Scientologists in employment.[32] In Bavaria, applicants for civil service positions are required to declare whether or not they are Scientologists, and a similar policy has been instituted in Hesse.[34]

Scientologists are also banned from joining major political parties in Germany such as the Christian Democratic Union, the Christian Social Union of Bavaria, the Social Democratic Party of Germany and the Free Democratic Party.[35][15][16] Existing Scientologist members of these parties have been "purged", according to Time Magazine.[15] According to Eileen Barker, a professor of sociology at the London School of Economics, "Germany has gone further than any other Western European country in restricting the civil rights of Scientologists."[17]

When it became known that Microsoft's Windows 2000 operating system included a disk defragmenter developed by Executive Software International (a company headed by a Scientologist), this caused concern among German government officials and clergy over potential security issues.[32][36] To assuage these concerns, Microsoft Germany agreed to provide a means to disable the utility.[32][36]

Abortive attempt to ban Scientology

The new Scientology headquarters in Berlin.

In March 2007, it was reported that German authorities were increasing their efforts to monitor Scientology in response to the opening of a new Scientology headquarters in Berlin.[37] On December 7, 2007, German federal and state interior ministers expressed the opinion that the Scientology organization was continuing to pursue anti-constitutional goals, restricting "essential basic and human rights like the dignity of man or the right to equal treatment," and asked Germany's domestic intelligence agencies to collect and evaluate the information required for a possible judicial inquiry aimed at banning the organization.[38][39][40]

The move was criticized by politicians from all sides of the political spectrum, with legal experts expressing concern that an attempt to ban the organization would likely fail in the courts.[38][41] This view was echoed by the German intelligence agencies, who warned that a ban would be doomed to fail.[42] Sabine Weber, president of the Church of Scientology in Berlin, called the accusations "unrealistic" and "absurd" and said that the German interior ministers' evaluation was based "on a few sentences out of 500,000 pages of Scientological literature."[40] She added, "I can also find hundreds of quotes in the Bible that are totalitarian but that doesn't mean I will demand the ban of Christianity."[40]

In November 2008, Germany gave up on its attempt to ban Scientology, after finding insufficient evidence of illegal or unconstitutional activity.[43] The report by the BfV cited knowledge gaps and noted several points that would make the success of any legal undertaking to ban Scientology doubtful.[11] First, the BfV report stated there was no evidence that Scientology could be viewed as a foreign organisation; there were German churches and missions, a German board, German bylaws, and no evidence that the organisation was "totally remote-controlled" from the United States.[11] A foreign organisation would have been much easier to ban than a German one.[11] The second argument on which those proposing the ban had counted was Scientology's aggressive opposition to the constitution.[11] Here, the report found that Scientology's behaviour gave no grounds to assume that Scientology aggressively sought to attack and overthrow Germany's free and democratic basic order.[11] "Neither its bylaws nor any other utterances" supported the "conclusion that the organisation had criminal aims."[11] The BfV also considered whether there were grounds to act against the Church of Scientology on the basis that they were practising medicine without a licence, but expressed doubts that a court would accept this reasoning.[11]

Commenting on the decision to drop the ban attempt, Ehrhart Körting, Berlin's interior minister, said, "This organization pursues goals – through its writings, its concept and its disrespect for minorities – that we cannot tolerate and that we consider in violation of the constitution. But they put very little of this into practice. The appraisal of the Government at the moment is that [Scientology] is a lousy organization, but it is not an organization that we have to take a hammer to."[44] The Church of Scientology expressed satisfaction with the decision, describing it as the "only one possible".[44] Monitoring of Scientology's activities by the German intelligence services continues.[43]

Criticism of Germany's stance

Tom Cruise is one of several Scientologist artists and celebrities who have been subject to boycott calls in Germany.[34][45]

The United States media have taken an at least partially supportive stance towards Scientology in relation to Germany, despite a general preponderance of negative accounts of Scientology in domestic U.S. news.[46] Richard Cohen for example, writing in the Washington Post, said in 1996: "Scientology might be one weird religion, but the German reaction to it is weirder still – not to mention disturbing."[46][34]

The U.S. Department of State has repeatedly claimed that Germany's actions constitute government and societal discrimination against minority religious groups – within which it includes Scientology – and expressed its concerns over the violation of Scientologists' individual rights posed by sect filters.[47][48][49][16] It has also warned that companies and artists associated with Scientology may be subject to "government-approved discrimination and boycotts" in Germany.[50] Past targets of such actions have included actors Tom Cruise and John Travolta, as well as jazz pianist Chick Corea.[15][34][45]

In 1997, an open letter to then-Chancellor Helmut Kohl, published as a newspaper advertisement in the International Herald Tribune, drew parallels between the "organized oppression" of Scientologists in Germany and Nazi policies espoused by Germany in the 1930s.[51][48] The letter was conceived and paid for by Hollywood lawyer Bertram Fields, and signed by 34 prominent figures in the U.S. entertainment industry, including the top executives of MGM, Warner Bros., Paramount, Universal and Sony Pictures Entertainment as well as actors Dustin Hoffman and Goldie Hawn, director Oliver Stone, writers Mario Puzo and Gore Vidal and talk-show host Larry King.[52][53][48][15] It echoed similar parallels drawn by the Church of Scientology itself, which until then had received scant notice.[46]

Chancellor Kohl, commenting on the letter, said that those who signed it "don't know a thing about Germany and don't want to know."[15] German officials argued that "the whole fuss was cranked up by the Scientologists to achieve what we won't give them: tax-exempt status as a religion. This is intimidation, pure and simple."[15] Officials explained that precisely because of Germany's Nazi past, Germany took a determined stance against all "radical cults and sects, including right-wing Nazi groups", and not just against Scientology.[15] The response from Kohl's Christian Democratic Union party was to denounce the letter as "absurd" and cite previous German court rulings stating that Scientology had primarily economic goals and could legitimately be referred to using phrases such as a "contemptuous cartel of oppression".[51]

A U.S. Department of State spokesman rejected the Nazi comparisons in the open letter as "outrageous" and distanced the U.S. government from Nazi comparisons made by the Church of Scientology, saying, "We have criticized the Germans on this, but we aren't going to support the Scientologists' terror tactics against the German government."[15][46]

In late 1997, the United States granted asylum to a German Scientologist who claimed she would be subject to religious persecution in her homeland.[16] A United Nations report in April 1998 asserted that individuals in Germany were discriminated against because of their affiliation with Scientology.[54] However, it rejected the comparison of the treatment of Scientologists with that of Jews during the Nazi era.[54]

References

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Academic papers
Office of the United Nations High Commissioner for Human Rights, Geneva
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