This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS FRANKFURT 009141 
 
SIPDIS 
 
DEPARTMENT FOR EUR/AGS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV GM
SUBJECT: Hesse Passes Germany's Most Far-Reaching Headscarf 
Ban 
 
REF:  A) Frankfurt 567  B) Frankfurt 6441 
      C) Frankfurt 1390 D) 03 Frankfurt 8335 
 
Sensitive but unclassified; not for internet distribution 
 
¶1. (U) SUMMARY:  The Christian-Democratic Hesse state 
government recently passed legislation banning all civil 
servants from wearing headscarves while on duty, a measure 
that goes far beyond approaches to the issue in other German 
states.  Opposition parties harshly criticized the law and 
predicted it would be declared unconstitutional.  Some 
observers see the bill as a concession to the CDU's 
conservative wing.  A constitutional battle over the law 
could have implications beyond Hesse state politics.  END 
SUMMARY. 
 
¶2.  (U) On October 8, the Hesse state parliament passed a 
law barring headscarf use by public officials, the most far- 
reaching headscarf ban in Germany to date.  The CDU caucus 
(which has an absolute majority) unanimously supported the 
law, while opposition parties -- SPD (Social Democrats), the 
Greens, and the FDP (Free Democrats) -- all opposed it. 
Whereas laws recently passed in Baden-Wuerttemberg and other 
states only apply to public-school teachers (refs B-D), the 
Hesse ban applies to all civil servants in their official 
capacities.  CDU caucus leader Franz-Josef Jung justified 
the law in terms of Germany's "Christian and humanistic 
tradition" and the headscarf's negative symbolism ("We don't 
hire civil servants for back offices, but rather to serve 
the state," underscoring the public image concerns).  Hesse 
Education Minister Karin Wolff (CDU) claims the law protects 
the separation of church and state ("[the headscarf) is a 
symbol which rejects the separation of religion and politics 
and the values of our state ... it's not just a matter of 
gender equality, but also recognizing the constitution"). 
It is unclear how Hesse authorities will apply the 
principles of the law to other religions, a point of 
contention in legal action against the state of Baden- 
Wuerttemberg by initial headscarf plaintiff Fereshta Ludin 
(ref C). 
 
¶3.  (U) SPD and FDP representatives -- who supported a 
limited ban on public-school teachers -- criticized the law 
and predicted it would be declared unconstitutional.  Hesse 
FDP chair Ruth Wagner criticized the CDU's "arrogance" and 
intransigence for not trying to build consensus on the issue 
before putting it to a vote (NOTE: Baden-Wuerttemberg, 
Saarland, and other states passed more limited headscarf 
laws supported by broad legislative majorities.  END NOTE). 
"That this law will end up in court again is as sure as the 
night is dark," Wagner said.  SPD caucus chief Juergen 
Walter accused the CDU of pandering to its "Steel-helmet 
wing" ("Stahlhelmfluegel") of hard-line conservatives. 
 
¶4.  (SBU) COMMENT: The new headscarf ban is a political 
firestorm that will lead to several (potentially successful) 
court challenges.  Furthermore, it highlights the contrast 
in Hesse between an array of nationally-recognized programs 
designed to integrate the state's large immigrant population 
and a determination to preserve the "Christian and humanist" 
tradition referenced by Jung.  This dichotomy could lead to 
further tensions down the road.  END COMMENT. 
 
BODDE