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BERLIN: Germany’s highest legal authority, the constitutional court, reversed a general ban on religious services during the coronavirus crisis on Wednesday, saying exceptions could be granted if sufficient precautions were taken to avoid infection.
The ruling came after an appeal against the ban on a Muslim association in the northern state of Lower Saxony, which “intends to carry out Friday prayers … in the remaining weeks of the fasting month of Ramadan” the court said in a statement.
Given the “serious violation of religious freedom” caused by the ban, it was “hardly sustainable” that there was no possibility of requesting an exception, he added.
The court ruled that an exception should be granted if “an increased risk of infection could be reliably denied.”
He listed the possible ways the mosque had suggested reducing the risk of infection, including lack of singing, masks for the congregation, and marking reserved areas for prayer.
He added that the violation of religious rights was “particularly great with respect to Friday prayers during Ramadan,” although the ruling also applies to “churches, synagogues and other religious communities.”
Germany introduced the religious assembly ban as part of its first package of measures to curb the spread of the coronavirus in mid-March.
Although the federal system means there are some exceptions, most states have upheld the blanket ban, and the ruling of the constitutional court in the Lower Saxony case will set a national precedent.
The ruling comes as Chancellor Angela Merkel and regional state prime ministers prepare to meet to discuss current coronavirus measures on Thursday, with religious services at the top of the agenda.
Germany began lifting some blocking measures since last week, allowing stores of less than 800 square meters to reopen.
The easing of the restrictions prompted calls for more relaxation, even from religious groups.
However, the constitutional court said shops and religious services “should be judged differently,” since there was much more scope for differences in the size and structure of religious services.
Any exceptions should be granted based on the effectiveness with which protective measures could be applied, the size and structure of the religious community and the current level of risk in the local region, he said.
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