‘Never again second-class people:’ German bishops defend life amid high court controversy

 

CNA Newsroom, Jul 10, 2025 / 09:30 am (CNA).

Amid a heated debate over appointments to Germany’s constitutional court, two Bavarian bishops have issued an urgent call to uphold human life and dignity, warning “there must never again be second-class people” in Germany as the country faces a contentious parliamentary vote.

Bishop Stefan Oster of Passau and Bishop Rudolf Voderholzer of Regensburg declared that anyone who relativizes human dignity protections should be disqualified from Germany’s highest judicial body, according to CNA Deutsch, CNA’s German-language news partner.

The bishops’ intervention comes as the German parliament prepares to vote Friday on three candidates for the court that serves as the nation’s supreme judicial authority and final arbiter on fundamental rights questions.

The debate over nominations has focused on views publicly expressed by Social Democratic Party nominee Frauke Brosius-Gersdorf. The constitutional law professor served as deputy coordinator of the government commission on abortion law reform. She argued that legalizing abortion within the first twelve weeks of pregnancy would be constitutionally permissible.

Most contentious was her widely criticized assertion that “whether the embryo and later fetus is entitled to the protection of the Basic Law’s guarantee of human dignity is indeed very controversial in constitutional law scholarship. In my view, there are good reasons why the guarantee of human dignity only applies from birth.”

Without naming names, the two bishops characterized such constitutional interpretation this week as fundamentally disqualifying, emphasizing the state’s duty to guarantee human dignity protections without exception.

The Bavarian bishops — who have also risen to prominence for their resistance to the controversial Synodal Way — are not the only ones raising concerns.

Some Christian Democratic Union (CDU) parliamentarians took to social media to call Brosius-Gersdorf “unelectable.”

The bishops’ statement establishes what they describe as non-negotiable criteria for constitutional judges as the country grapples with fundamental questions about the protection of human life, particularly regarding abortion law.

Bishops establish disqualification criteria

The bishops’ statement, titled “Our Basic Law is maximally inclusive,” asserts that every human being is granted human dignity and the right to life regardless of their life situation.

Oster and Voderholzer pointed to Germany’s Basic Law (Grundgesetz), the country’s constitution established in 1949, which enshrines the inviolability of human dignity in Article 1 as the foundation of all constitutional rights.

The Bavarian bishops warned that “anyone who holds the view that the embryo or fetus in the womb does not yet have dignity and only has a lesser right to life than the human being after the birth is carrying out a radical attack on the foundations of our constitution.

“He or she must not be entrusted with the binding interpretation of the Basic Law,” they said.

Oster and Voderholzer added that there “must never again be second-class people in Germany.”

Catholic chancellor causes outrage

The bishops’ principled position comes as Germany’s Chancellor Friedrich Merz — a Catholic and leader of the CDU — appeared to defend Brosius-Gersdorf despite her controversial constitutional views.

In a dramatic moment during Wednesday’s Bundestag debate, when asked by Alternative for Germany parliamentarian Beatrix von Storch whether he could reconcile with his conscience voting for a candidate “for whom human dignity does not apply if [the person] is not yet born,” Merz responded: “My straightforward answer to your question is: Yes!”

The chancellor’s words created significant tension within his own parliamentary faction, according to media reports.

The CDU’s pro-life organization, Christian Democrats for Life, urged party leadership to reject the nominee based on her stance on the right to life.

Pro-life organizations have announced a demonstration outside the Reichstag building on Friday morning, CNA Deutsch reported.

Germany records more than 100,000 abortions annually, with approximately 1.8 million procedures performed between 1996 and 2023.

Currently, women in Germany can obtain an abortion from a doctor during the first 12 weeks of pregnancy, following a compulsory counseling session.