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Excerpt from the Constitution of the State of Baden (May 18, 1947)

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Article 28.

The public schools are nondenominational schools with a Christian character in the traditional Baden way. During instruction in all schools, the religious sensitivities of all must be respected. In every subject, the teacher must show consideration for the religious and ideological sentiments of all students and present religious and ideological beliefs objectively.

Religion is a regular subject at all Volksschulen, vocational schools, and middle and higher institutions of learning. It will be taught in keeping with the principles of the particular religious community and supervised by the latter. No teacher can be compelled to teach religion or be prevented from doing so; no negative consequences must arise from his decision. Teachers of religious instruction require authorization by their religious community. Where religious classes are taught by the religious communities themselves, the required facilities shall be made available to them. Details are regulated by the school law.

Participation in religious instruction and church events is left to the declared intent of the legal guardians. An ethics class shall be set up for students who do not participate in religious instruction.

The membership or non-membership of teaching personnel in a religious confession must not be an impediment to their professional advancement.

Article 29.

Constitution-based civics instruction is a regular subject in all types of schools. Upon leaving school, every student shall be solemnly presented with a copy of the constitution.

Article 30.

The university is free with respect to research and teaching. It administers its affairs in accordance with the laws and under the oversight of the state. The state shall involve the university in matters in which state supervision of teaching has an effect on it; in particular, the university’s suggestions will be heard when it comes to expanding the faculty.

The faculty of theology at the university is retained with its existing rights. The appointment of chairs proceeds in agreement with the church.

Article 31.

The education of adults through Volkshochschulen (adult education schools), scientific and public libraries, public theaters, concerts, museum, and other places of learning, receives state support.

[ . . . ]

Source: Bodo Dennewitz and Boris Meißner, eds., Die Verfassungen der modernen Staaten. Eine Dokumentensammlung [The Constitutions of the Modern States: A Document Collection], vol. 2. Hamburg: Hansischer Gildenverlag, 1948, pp. 123-32; reprinted in Udo Wengst, Geschichte der Sozialpolitik in Deutschland, Bd. 2/2: 1945-1949: Die Zeit der Besatzungszonen. Sozialpolitik zwischen Kriegsende und der Gründung zweier deutscher Staaten. Dokumente [The History of Social Policy in Germany, vol. 2/2: 1945-1949. The Era of the Occupation Zones. Social Policy between the End of the War and the Founding of Two German States. Documents]. Baden-Baden: Nomos, 2001, no. 156, pp. 342-44.

Translation: Thomas Dunlap

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