The Federal Constitutional Court of Germany ruled that religious employers, such as churches, have significant discretion in employment decisions, particularly regarding whether applicants must be members of their faith, citing their constitutional right to religious self-determination.

This ruling was prompted by a case involving the Protestant social welfare organization Diakonie, which in 2018 was ordered by the Erfurt Labor Court to pay compensation to a non-religious job applicant, highlighting issues of discrimination based on religion.

The court emphasized that membership should only be a requirement if it is essential and justified for the position, aligning with European Court of Justice guidelines, as seen in the case of Vera Egenberger, who was denied a job for not being a church member.

Both the Protestant Church and Diakonie expressed approval of the ruling, stating it clarifies that churches can require membership when justified, thus supporting their religious autonomy.

The ruling signals that while oversight exists, the decisions of churches carry significant weight, which could pose challenges for non-faith individuals seeking employment in church-related roles.

The decision balances anti-discrimination laws with the rights of religious institutions, criticizing overreach that might infringe on religious self-determination and emphasizing respect for the autonomous decision-making of churches.

The article advocates for churches to exercise their rights actively and avoid arbitrary restrictions, maintaining freedom in their internal and external responsibilities.

The court stressed that the rights of applicants and churches must be weighed according to constitutional standards, which the Labour Court had not sufficiently considered.

This ruling also preserves religious freedoms by allowing faith communities to uphold their beliefs and standards, especially when employment is closely tied to their religious mission.

The decision was made in response to a constitutional complaint from a church-affiliated organization involved in a labor dispute, highlighting ongoing legal debates.

The ruling was based on protecting the religious self-determination of churches and diaconal organizations, asserting that rejecting non-members does not automatically constitute discrimination.

The case involved a dispute over a non-religious applicant, Vera Egenberger, who initially won her case at the Federal Labour Court and was awarded compensation, but the case was escalated through various courts, including the European Court of Justice.