Videoconference February 27th 2004

Prof. Gerhard Ludwig Müller

State legislation and the issue of sects

Since 1919, hence since the Weimar Constitution, the State in Germany is neutral as far as religion and schools of thought are concerned. On this subject, Basic Law has adopted Weimar’s articles as is clear in 4 and 140 which neutrally mention associations and religious communities rather than Churches and sects. According to Article 140 of the Basic Law many sects are today considered publicly recognised bodies and consequently their juridical status is the same as that of the Churches!

If also considering so-called young religions, it becomes difficult in Europe and Germany to establish the number of those who are members of sects. In Germany there are about one million members probably subdivided into 300 groups. The appearance of "young religions" has recently weighed heavily on the concept of sects.

During the last few years, sects such as "Jehovah’s Witnesses" and "Scientology" have lost influence and visibility in society; their criminal activities in the field of finance and also the explicit psychological terrorism exercised on their members - and reported by increasingly rising numbers of those abandoning the sects - cannot be ignored even by a secular and neutral State.

In Scientology and in Jehovah’s Witnesses one can often, for example, observe an anti-liberal and anti-state attitude. For these sects the State and society represent an evil to be fought and cannot in any form or way be accepted. The State and its legislation are only tolerated out of self-interest and advantage, such as for example for obtaining the classification of a number of sects as publicly recognised Bodies.

The concept of church, as for example used by "Scientology", is not protected by the Law. Scientology resorts to this for hiding the many financial activities of an ideology that classifies people as supporters and antagonists. Although in 1965 Australia had already declared that: "Scientology is evil: its techniques are evil and their implementation represents a serious threat to society, from a medical, moral and social point of view", there is no law in Germany forbidding the activities of the Scientology "church". Although the legislator is committed to avoiding all dangers for the German people, the "right" to free religious profession, as established by Basic Law, is inviolable. A clear revision of the law and a clear acknowledgement of Christianity are therefore desirable.