Exit from the Church

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This article or paragraph describes the situation in Germany , Austria and Switzerland . Help me to describe the situation in other countries.

The church outlet is led by member termination of state-registered membership in a church . In this sense, it is only required where state law links consequences to membership, but not all communities allow an exit. In Germany , the state laws on “leaving the church” therefore only apply to religious societies under public law , regardless of whether they designate themselves as “church”.

The exit from private law communities, on the other hand, is based on civil association law . In addition to demographic factors, resigning from the church has played a key role in the decline in the number of members of the major churches in Germany , Austria and Switzerland . In some countries in which church members are not officially registered, but membership has consequences under public law (e.g. Poland, Spain), it is not possible to leave the church, which is also reflected in the membership statistics.

history

The following important information is missing from this article or section:
Unfortunately, there is no information at all about the number of people leaving the church. Have 50%, 5%, 0.5% or even only 0.05% of the church members left in the course of the waves of withdrawals described here? A couple of numbers would help the section a lot.
Help Wikipedia by researching and pasting it .

The right to leave the church results from the basic right of negative religious freedom vis-à-vis the state . For the first time in 1847 through the Edict of Tolerance Friedrich Wilhelm IV . made possible in Prussia , its conditions were legally established in Germany as part of the Kulturkampf . Research distinguishes several church exit movements in German history. The first happened before the First World War (supported by social democrats and middle-class supporters of Ernst Haeckel ), the second from 1919 (also primarily from the working class, but also from the bourgeoisie ).

In Austria, the status of non-denominational status and the associated possibility of leaving the church was introduced with the interdenominational law of 1868. Children under seven followed their parents, illegitimate children followed their mother. From the age of 14 young people could decide for themselves about their religious affiliation, even against the will of their parents.

Up until 1932 and between 1936 and 1940 there were similar numbers of people leaving the church in Germany and Austria as after 1968 and after 1989. From 1933 to 1936 and after 1945 in West Germany ( Adenauer period ) there were movements to join the church.

In 1936 the term “ God-believing ” was introduced on the registration and personal forms of the residents' registration offices as well as the personal papers . Since membership of a religious community as well as “free-thinking” was not considered to be career-enhancing under National Socialism, the official designation “believing in God” offered a way out for non-denominational National Socialists in order to document that one did not automatically become “unbeliever” when leaving the church.

Leaving the church from 1937 to 1940 was strongly influenced by the National Socialists' " belief in God " and discussions about writings critical of the church by authors such as Alfred Rosenberg (confession: "believing in God" or "believing in God") and Mathilde Ludendorff (" Association for German Knowledge of God )" .

Reasons for leaving the church

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The reasons for leaving the church vary greatly and are individually different, so that scientific studies that tried to fathom the cause of leaving the church, e.g. T. came to different results.

A study by the Allensbach Institute for Demoskopie on behalf of the German Catholic bishops in 1992/93 came to the conclusion that the church tax was mostly just a cause. Catholics would not identify with the institution, would have no understanding of sexual morality and would often accuse their representatives of “hypocrisy”.

According to a study published by the EKD Church Office in 1992, there were significant differences between East and West Germany at that time. The three most common reasons for leaving the church in the West were, in order of importance, the saving of church tax , the statement I can be Christian even without a church and indifference towards the church . The three most common reasons for leaving the church in the East, on the other hand, were indifference towards the church in the first place, followed by the statements I don't need any religion in my life and I can't do anything with my faith . According to a more recent study by the EKD, this east-west difference was still clearly visible in 2006. Three-quarters of those with no religious affiliation in West Germany were former Protestants who had left their church in the past 25 years, while in the new federal states there was much more non-denominational status for generations and a fundamental rejection of religion was expressed. From a statistical point of view, conversions to another major denomination are rare, or even more rarely changes to smaller denominations such as sects or free churches .

The sociologist of religion Detlef Pollack led the abuse scandals in the Catholic Church in 2012 . Add to this the demographic development and secularization of society.

The 2012 u. a. By contrast , a study, written by Michael Ebertz , professor at the Center for Church Social Research at the Catholic University of Applied Sciences in Freiburg , sees leaving or staying in the church as the end of a long process that ultimately leads to leaving. According to this, leaving the church is not an indicator of a current dissent of the members with their church, but the result of a long-term, often multi-year development, with the period of puberty , confirmation and confirmation playing an important role, during which young people are increasingly concerned with the search for meaning. Therefore, the study states: "Young adults are rarely addressed by the traditional offers of the church and do not find them attractive."

In a study by the EKD from 2014, the three reasons with the highest approval church were implausible , church indifferent and didn't need a religion for life .

Consequences of leaving the church

Treatment in state law

The consequence of leaving the church in Germany is that the state is no longer allowed to attach any legal consequences to membership (e.g. collection of church tax, participation in religious instruction ), which is a result of the negative religious freedom of Art. 4 Para. 1 of the Basic Law and Art. 136 WRV in connection with Art. 140 GG follows; From his point of view, the member is deemed to have resigned, regardless of the respective canonical standpoint.

Consequences in labor law

Leaving the church can also have consequences under labor law if the employer is a church organization (e.g. Caritas , Diakonisches Werk ). As a rule, the employment relationship with these employers is tied to church membership, which is why the employment relationship is also terminated in the event of leaving the church. If the denomination of the employer is similar, the denomination of the employee does not have to be the same.

In a ruling from 2003, the Baden-Württemberg Administrative Court found the dismissal of a senior nurse in a Protestant hospital who had left the Catholic Church to be justified. The defendant in this case was the State Welfare Association, which according to the Severely Disabled Persons Act has to give its consent to the termination. In a ruling by the Rhineland-Palatinate State Labor Court in Mainz in 2008, the judges declared it permissible for a church retirement home to be allowed to discharge a nurse who had left the church. In the case of an applicant for a nursing position, however, the Aachen Labor Court ruled on December 14, 2012 that the rejection constituted discrimination due to his lack of denomination, despite his professional qualifications. The nurse was awarded EUR 3,000 in damages.

With the judgment (2 AZR 579/12) of April 25, 2013, the Federal Labor Court confirmed the possibility of extraordinary dismissal of an employee if he violates his contractual obligations (employment contract guidelines (AVR)) by leaving the church. This makes it impossible for the employer to continue the employment relationship. The employee is also not discriminated against under the General Equal Treatment Act (AGG).

Treatment in ecclesiastical law

A distinction must be made between the effect of leaving the church in the state area (“civil effect”) as to whether the respective religious or ideological community recognizes the withdrawal declared before a state authority. The membership law of the individual communities ( canon law ) differs greatly here.

Catholic Church

The Catholic Church knows no exit from the religious community of the Church, since a baptism cannot be reversed and the Catholic Church sees itself as the community of the baptized. Nevertheless, it is linked to a "declaration of exit", the exit from the church in the state area , consequences under canon law.

According to constant practice, the declaration of resignation does not result in exclusion from the church, but rather a penalty of excommunication and thus the loss of certain membership rights. In the "Declaration of the Diocesan Bishops on Questions of Church Finance" published in 1970 and in the "Declaration of the German Bishops' Conference on Leaving the Catholic Church" of April 24, 2006, the declaration of leaving the Church is described as apostasy , heresy or schism in the sense of a public defection rated by the church and is therefore a (church) criminal act directed against the faith and the unity of the church: "The apostate, heretic or the schismatic incur excommunication as a punishment (...)" (cf. Can.1364 CIC ). According to the declarations of the diocesan bishops mentioned above, the reason for this declaration is irrelevant. In particular, the declaration evaluates the motive of wanting to save church tax as a gross violation of the solidarity duty of every Catholic and insofar as a grossly culpable offense against the community and the unity of the church, which does not stand in the way of excommunication, even if it does not justify it itself: The Canonical offenses are committed with the declaration that they no longer consider themselves a member of the church - the prerequisite for this is to be exempt from church tax. This application is controversial, however, since - as it is claimed - it is not certain that quitting is actually an outward expression of a total or partial apostasy. It should be noted here, however, that apostasy is not necessary for excommunication, but a mere denial of ecclesiastical classification and subordination - the aforementioned schism - is sufficient.

The declaration of resignation has further consequences under canon law. In this respect, however, it is controversial whether leaving the church is an actus formalis , which, in contrast to leaving the church from the state, has to be made before the local bishop or the pastor and entered in the baptismal register. On the other hand, the state authority sends the declaration of resignation to the church authorities and then enters it in the baptismal register. In any case, the controversy that affects the actus formalis is sometimes transferred and connected with the assertion that excommunication does not take place either. It should be noted here that the actus formalis defectionis, according to the explicit text of the church law, presupposes a schism, apostasy or heresy, but does not include all cases of these church crimes.

On September 24, 2012, a “General Decree of the German Bishops' Conference on leaving the church” came into force, with which the internal church legal consequences of leaving the church should be clarified according to state law. The decree was approved by the Vatican (according to the publication it was already adopted by the Bishops' Conference on March 15, 2011, but was only "recognized" by the Congregation for Bishops on August 28, 2012 ). In it, the canonical consequences of leaving are listed as follows:

  • Exclusion from the sacraments of Penance, Eucharist , Confirmation and Anointing of the Sick - except in the case of death,
  • Exclusion from church offices and functions,
  • Exclusion from the sponsor - and from the corporate sponsorship office ,
  • Exclusion of membership in parish and diocesan councils (e.g. parish council and church council or asset management council, diocesan pastoral council, etc.),
  • Loss of active and passive voting rights in the Church,
  • Exclusion of membership in public church associations,
  • ecclesiastical marriage only with the permission of the local ordinary ,
  • Exclusion from church burial , unless there was any sign of repentance before death.

These ecclesiastical legal consequences should be communicated to the resigned in a "pastoral letter" in which he is also advised to reverse the resignation if he should "not have the scope of [this] decision to judge".

Regardless of this, no employment contracts are concluded with the legal entities of the Catholic Church in Germany according to the so-called basic order of church service in the context of church employment relationships with persons who have left the Catholic Church (Article 3, Paragraph 4). Anyone who resigns from the Catholic Church with an existing employment contract within the framework of a church employment relationship must expect civil law termination of the employment relationship.

Evangelical regional churches

Certificate of leaving the Protestant Church
Certificate of leaving the Protestant Church from 1941

The membership law of the Protestant regional churches , on the other hand, recognizes an exit from the church. However, in most cases - unlike in Bremen, for example - the resignation is not accepted by church authorities, but has to be declared to the authority responsible under the state church exit laws. Article 10 of the Church Membership Act of the Evangelical Church in Germany provides :

Church membership ends
  1. with departure from the scope of this church law
  2. by transferring to another church or religious community according to the law of the member churches or
  3. with the entry into force of the declaration of withdrawal permitted under national law.

No. 3 thus ties in with the exit declared with civil effect under the church exit laws of the federal states; Church membership then ends by law. Nevertheless, even according to the evangelical understanding, the termination of church membership does not cancel the baptism - so there is no new baptism in the event of a re-entry. The consequences of a resignation are regulated in the basic regulations , the rules of life or in the labor law of the individual regional churches. When you leave the church, you lose your admission to the Lord's Supper and the rights attached to it, such as the right to vote in church governing bodies or the ability to assume a sponsorship office. In addition, church membership is also a prerequisite for entering into an employment relationship in the Protestant area (see for example § 3 lit. a of the Church Law on the employment relationship of church employees in the area of ​​the regional church and the Diaconal Work of the Evangelical Regional Church in Baden; however with exceptions in § 4).

Treatment in theology

Independent of the question of (ecclesiastical) membership, the theological question is whether the act of entry is canceled by leaving or whether it remains religiously effective regardless.

The Christian churches, for example, agree that baptism cannot be reversed, that is, a Christian who has been baptized as Protestant or Catholic will always remain baptized.

Re-entry

There are no separate regulations in German state law for re-entry . Instead, as with baptism, it ties in with the membership rights of the respective religious community. Re-entry into the church is possible if the respective community is ready to accept the person who has left. There is no right to re-entry that can be enforced in state courts, nor is a corresponding right to baptism (i.e. initial entry). However, most churches are forced by their self-image and their own regulations to take back a former member who brings the appropriate beliefs with them.

Individual countries

The procedures and circumstances involved in leaving the church differ from state to state and from state to state. In many states, religious affiliation is not registered by the state or is only registered for statistical purposes with no legal consequences for the individual, so that in this case it is only possible to withdraw from the religious community itself.

Germany

Because of the separation of church and state and the ideological neutrality of the state, the state regards itself as being prevented from prescribing to the religious communities who they regard as members and who not. This decision should be reserved for the internal law of the respective community (cf. church self-determination ).

However, if the state attaches legal consequences to membership in a religious community in state law, it must respect the negative religious freedom of those willing to leave, i.e. their basic right not to belong to a religion. The practically most significant of these consequences in state law concerns the church tax . Since not all religious communities are aware of an exit from the church (for example the Roman Catholic Church - excommunication is not an exclusion from the church either - and many Jewish communities), the states have passed church exit laws, which ensure that there are no legal consequences for state law . To regulate that the respective community also internally recognizes this withdrawal, however, is denied state law because of the separation of church and state. This becomes clear, for example, from the formulation of Section 26 (1) sentence 1 of the Church Tax Act of Baden-Württemberg:

Everyone has the right of a religious community by a declaration to the authorities responsible for his domicile or habitual residence registrar with civil action to withdraw.

It is irrelevant whether it is a question of leaving churches or other religious communities recognized as corporations under public law (e.g. Jewish communities ) or ideological communities (some bfgs , regional HVD ).

Competent authority

In Germany, depending on the federal state, resignation must be declared either before the local court (in Berlin, Brandenburg and North Rhine-Westphalia) or before the registry office / citizens' office (other federal states). Resignation by letter is only possible with notarial certification . In Bremen, the resignation can alternatively be declared at church offices. Photo ID must be brought with you. In the case of married people, the marriage certificate or family register is sometimes required.

Exit with "only civil effect"

For a long time it was controversial whether when leaving communities, whose membership rights are linked to the state exit laws, it can be declared that the exit should only apply to the state, but leave membership in place. The consequence of this "resignation from the church with only civil effect" would be membership without corresponding obligations (e.g. no payment of church tax). The issue has been settled by the fact that the church exit laws have been changed insofar as they no longer allow additions and conditions to the declaration of exit.

The state does not want to regulate how church law treats such declarations. In terms of canonical law, it is currently under discussion again what the canonical situation is like when a person withdrawing expressly declares that they want to remain in the church as a religious community. Professor emeritus Hartmut Zapp fought a precedent . He resigned from the "Catholic Church, corporation under public law" before the registry office . The Administrative Court of Baden-Württemberg ruled on May 4, 2010 that leaving the church, which in isolation only wants to eliminate those legal consequences that church membership has under state law, is ineffective. The appeal against this judgment was formally successful on September 26, 2012 before the Federal Administrative Court , since the court could not recognize any restriction of the resignation in the simple addition "corporation under public law". This means that Zapps' exit from the church is valid. At the same time, however, the Federal Administrative Court made it clear that the state cannot distinguish between a “public corporation” and a “religious community”. Anyone who formally resigns from the church and no longer pays church taxes is no longer a member of the religious community because it is identical to the corporation under public law. Thus, although Zapp's declaration of exit from the church is valid in the specific case, the court agreed with the content of the position defended by the Roman Catholic Church that there is no difference between the corporation under public law and the religious community.

Exit fees

In almost all federal states, the authorities charge a fee for leaving the church. The regulations in detail:

  • in Baden-Württemberg between € 6.50 and € 75
  • in Bavaria € 35
  • in Berlin 30 €
  • no fee is charged in Brandenburg
  • in Bremen € 5.50 (registry office), otherwise no fee is charged if the resignation is declared at the church
  • in Hamburg € 31
  • in Hesse € 30
  • in Mecklenburg-Western Pomerania € 12
  • in Lower Saxony 25 €
  • in North Rhine-Westphalia € 30 in accordance with the Church Leaving Act NRW (since mid-2006)
  • in Rhineland-Palatinate € 30
  • in Saarland € 32
  • in Saxony € 26
  • in Saxony-Anhalt € 30
  • in Schleswig-Holstein € 20
  • in Thuringia 30 €

The municipality of Unterreichenbach , district of Calw in Baden-Württemberg , is the nationwide leader with € 75.

The socially disadvantaged are usually not exempt from paying the exit fee. Critics such as the IBKA they considered as limiting the constitutionally guaranteed freedom of religion , because any aggravation of the church exit was unconstitutional, the time-consuming administrative procedure was unnecessary, for the cost if necessary, the churches have come up themselves and they need people who can pay usually no church tax and thus of not be able to financially benefit from an exit, prevent them from leaving. The amount of the fee is often out of proportion to the actual processing effort. The critics believe that the fee should make it more difficult to leave the church.

With a decision of July 2, 2008 (Az. 1 BvR 3006/07), the Federal Constitutional Court declared both the state administrative procedure for leaving the church and the levying of the fee of 30 euros in North Rhine-Westphalia to be constitutional because this procedure is necessary for state participation in the collection of church tax is necessary. It denied that the fee of 30 euros had an effect on leaving the church, since in North Rhine-Westphalia the fee would not be levied if the applicant was indigent. For 15 minutes of work, 30 euros are justified. "The person willing to leave initiates the procedure and, moreover, usually benefits from it from his point of view". The complainant had appealed against this decision to the European Court of Human Rights ( ECHR ). This complaint was rejected as inadmissible without explanation.

Leaving minors

The exit of children under the age of 12 is determined solely by the legal guardian . If the child is 12 or 13 years old, according to the law on religious upbringing, the parent or legal guardian can only withdraw with his consent. From the age of 14, the decision rests with the person leaving, see religious maturity .

Resignation of incapacitated persons

For an adult who is legally incapacitated , his supervisor can declare his or her resignation, as long as his or her range of duties extends. However, according to § 1901 BGB, it is bound to the wishes of the person concerned. This is regulated in the church exit laws of the federal states, only Bavaria forbids such representation (see under literature).

Procedure for wage tax

A certificate of resignation is either handed over immediately or sent a few days after the declaration of resignation, with which the registration office - since the beginning of 2011 the responsible tax office has been exclusively responsible for the deletion - can have the religious affiliation deleted from the income tax card so that no church tax is levied. The resignation certificate should not be lost, because after moving you often have to prove that you no longer belong to the religious community so that you are not called upon to pay church tax again.

Institutions that will be informed of the withdrawal

Be informed of leaving the church:

Statistics Germany

Weimar Republic 1919–1932:

year Catholic Protestant total
1919 33,842 237.740 271,582
1920 44,824 314.005 358,829
1921 40,452 256,452 296.904
1922 154,810
1923 18,075 95.005 113.080
1924 22,430 83.020 105,450
1925 34,752 145,708 180,460
1926 43,316 200,924 244.240
1927 41,865 176.098 217.963
1928 40,545 170,947 211,492
1929 42,855 167.993 210,848
1930 52,594 225,413 278.007
1931 57,781 242.127 299.908
1932 54,480 215.908 270,388

German Empire 1933–1944 (rounded down to a full thousand):

year Catholic Protestant total
1933 34,000 57,000 91,000
1934 27,000 29,000 56,000
1935 34,000 53,000 87,000
1936 46,000 98,000 144,000
1937 104,000 338,000 442,000
1938 97,000 343,000 430,000
1939 95,000 395,000 480,000
1940 52,000 160,000 212,000
1941 52,000 195,000 247,000
1942 37,000 105,000 142,000
1943 12,000 35,000 49,000
1944 6,000 17,000 23,000

Federal Republic of Germany (Bonn Republic) 1950–1989:

year Catholic Protestant total
1950 33,536
1955 21,292 35,427 56,719
1960 23,889 25,843 49,732
1965 22,791 29,567 52,358
1970 69,454 154,561 224.015
1975 69,370 135.225 204,595
1980 66,438 119.814 186.252
1985 74.112 140,553 214,665
1986 75,919 138,981 214,900
1987 81,598 140,638 222,236
1988 79,562 138,700 218.262
1989 93.010 147.753 240.763
1990 - 144.143 -

Federal Republic of Germany (Berlin Republic) since 1990:

year Catholic Protestant total
1990 143,530 - -
1991 167.933 320.635 488,568
1992 192.766 361.256 554.022
1993 153,753 284,699 438,452
1994 155,797 290.302 446.099
1995 168,244 296,782 465.026
1996 133.275 225.602 358,877
1997 123.813 196.602 320.415
1998 119.265 182.730 301.995
1999 129.013 192.880 321,893
2000 129,496 188,557 318.053
2001 113.724 171,789 285,513
2002 119.405 174,227 293,632
2003 129,598 177.162 306.760
2004 101,252 141,567 242,819
2005 89,565 119,561 209.126
2006 84,389 121,598 205.987
2007 93,667 131,000 224,667
2008 121,155 168.901 290.056
2009 123.681 148,450 272.131
2010 181.193 145,250 326,443
2011 126,488 141,497 267.985
2012 118,335 138.195 256,530
2013 178,805 176,551 355.356
2014 217.716 270.003 487.719
2015 181,925 211.264 393.189
2016 162.093 190.284 352,377
2017 167.504 197.207 364.711
2018 216,078 221,338 437,416
2019 272.771 270,000 542.771

One constant constant in the numerical development of church resignations is the denominational relationship: in absolute numbers and relative proportions, more Protestants than Catholics are constantly leaving the church. The average number of people leaving the church in West Germany between 1970 and 1989 was around 140,000 / 75,000 (Protestant / Catholic Church), after having been significantly lower in the 1950s and 1960s at around 30,000 / 25,000. These numbers rose again sharply in the course of reunification and reached their peak in 1992 with around 360,000 / 190,000 (Protestant / Catholic Church) in Germany as a whole . Thereafter, the number of people leaving dropped to 2005/2006. From this period onwards they increased again, especially from the Catholic Church; in 2010, 181,193 Catholics in Germany, more Catholics than Protestants for the first time.

The number of re-entries and converts is considerably higher in the Evangelical Church (approx. 25–30,000 per year) than in the Roman Catholic Church (approx. 10,000 per year). In the years 1990–2017, 4.0 million people left the Catholic Church. About 0.27 million entered the Church during the same period. The Evangelical Church , which in 1990 with 29.4 million members still represented 36.9 percent of the population, has developed similarly. Between 1990 and 2017, 5.5 million people left the Protestant Church. About 1 million entered the Church during the same period.

According to a representative survey carried out in December 2011, around one million Germans were determined to leave the church, 1.6% of Catholics and 3.2% of Protestants. According to the survey, 4.5 million Germans were thinking about leaving, so that there would be a total "loss potential" of 5.5 million church members.

The exit figures , together with factors such as demographic development and immigration or emigration movements , led to the fact that at the end of 2015 - according to the Evangelical Church in Germany - around 56.0% of the total population belonged to one of the two major churches. The proportion of Catholics was 28.9% and that of Protestants 27.1%, while according to the research group Weltanschauungen in Germany around 36% of the total population did not belong to any denomination .

At the end of 2019, the proportion of Catholics was 27.2% and that of Protestants organized in the regional church was 24.9%.

Austria

Street illustration with an invitation to leave the church

In Austria, the resignation must be declared to the district administrative authority (the district authority or, in statutory cities, the magistrate ). Photo ID must be presented (or otherwise proven). The baptismal certificate , if available, is useful (but not required), as the authorities usually want to check membership of the religious community. Upon request, the resigning person will receive a written confirmation, which may, however, be associated with administrative fees.

Unlike in Germany, however, resignation does not have to take place in person, a letter to the responsible authority is also permitted and no ID is required. The resignation becomes legally valid on this day.

In some districts it is also sufficient to inform the district administrative authority of your wish to leave, including the church contribution number, which you can also inquire about beforehand by email from the responsible church contribution office (email addresses can be found on the Internet). In this way, no baptismal certificate is required, as the religious affiliation is already proven with the contribution number, which also has not yet paid church contributions.

A few days later, the district administrative authority sends a letter to the resigning person (if desired) and to the registration department of the respective diocese to inform them of the resignation.

If the person leaving is younger than 14 years, he needs the consent of both legal guardians . If he is younger than twelve years, the legal guardians can declare a resignation against his will.

fees

The declaration of withdrawal from a religious community is in principle free of charge. However, if proof of withdrawal from the religious community is desired, the authority can levy fees and administrative charges. In Vienna, for example, there is a fee of EUR 2.10 for an unauthorized copy of the minutes, and an additional EUR 14.30 for a certified copy of the minutes.

Statistics Austria

This section describes the development of the Austrian church exits in the Second Republic. For further statistical information in relation to the total population of Austria see the development of the Catholic and Evangelical Churches also in comparison to other religious communities in Austria.

Development of church resignations in Austria since 1990
year Catholic Evangelical AB Evangelical HB total
1945 1,132 - - -
1950 10,482 - - -
1955 8,961 - - -
1960 9.113 - - -
1965 10,572 - - -
1970 18,483 - - -
1975 20,723 - - -
1980 24,700 - - -
1985 32,746 - - -
1990 32,381 - - -
1995 44,304 2,843 - 47,147
2000 35,711 3,332 - 39,043
2005 42,624 3,208 - 45,832
2006 36,715 2,943 - 39,658
2007 36,293 2,975 - 39,268
2008 40,224 3,020 - 43,244
2009 53,269 3.122 - 56,391
2010 85,960 3,931 - 89,891
2011 59,023 4,251 - 63.274
2012 52,336 3.812 - 56,148
2013 54,869 3,985 - 58,854
2014 55.003 4,262 - 59,265
2015 56,599 4,264 - 60,863
2016 54,969 4,536 287 59,792
2017 53,698 4,603 247 58,548
2018 58,807 4,318 231 63,356
2019 67,583 6,081 - 73,664

The development of withdrawals from the Catholic Church was marked by significant increases at regular intervals. In 1995, during the Groer affair, there was a significantly high number of 44,304 withdrawals at the time, which was almost repeated in 1999 due to an internal church controversy with 43,629 withdrawals. In 2004, a porn scandal in the St. Pölten seminary led to another maximum of 52,177 people leaving the church. However, the average of around 60,000 withdrawals achieved in the last three years is now much higher than the maximum values ​​achieved in the past.

According to Cardinal Christoph Schönborn, 2010 saw the largest wave of withdrawals from the Catholic Church in Austria since the Nazi era. The main cause of the increase, however, were scandals about sexual abuse in the Roman Catholic Church , the connection between this motive for leaving the country and the Nazi era was criticized by those affected. A direct comparison of figures also shows that the value of 97,000 exits in 1938, which was determined for the entire German Reich after the Anschluss, obviously cannot be compared with the previous high of 85,960 exits achieved in 2010 in Austria alone.

In comparison, one can observe a steady increase in the number of people leaving the Evangelical Church without any special occasion, which in 2019 also reached its peak with 6,081 people leaving. This number is also relatively high, since around 2.09% of the Protestant members have resigned, compared with the last 1.34% in the Catholic Church. The number of people leaving the church in Austria is significantly higher compared to Germany, where around 1.29% of Protestants and 1.19% of Catholics last left in 2019.

In summary, the Evangelical Church has lost around 36.6% of its members since its maximum level in 1971, compared to the 23.9% loss in the Roman Catholic Church in the same period. At the end of 2019, the proportion of Catholics was around 56.0% and that of Protestants around 3.2% of the total Austrian population.

Switzerland

In order to leave a national church, a letter is sent to the parish in Switzerland with the wish to leave, which does not have to contain a reason. A copy of the letter can be sent to the state municipality to ensure that the process is not delayed: the church tax is calculated on a pro rata basis for the year up to the date of the resignation letter.

  • In the canton of St. Gallen , the signature on the community must be officially authenticated (for a fee of 20  Swiss francs ).
  • In the canton of Valais is for the Roman Catholic. Church not to send the resignation letter to the parish of the place of residence (as everywhere else in Switzerland), but to the parish of the place of baptism. If necessary, the priest of the place of residence forwards the letter.
  • Especially the Roman Catholic. The church often sends a letter with questions to those wishing to leave. According to Swiss law, such queries do not have to be answered.
  • Priest of the Roman Catholic Churches often also require information on the place and date of baptism in the resignation letter - this information is not required under Swiss law. If you don't know the information or don't want to name it, you should write it down. The situation may differ in the canton of Valais, as there - in contrast to all other cantonal regulations - the cantonal constitution directly recognizes institutions of Catholic canon law in cantonal public law.

Those leaving who are younger than 16 require the consent of a legal guardian.

Since the decision of the Federal Supreme Court in 2012, membership in the Roman Catholic. To distinguish the church as a community of faith from membership in the state church bodies. Members of the Roman Catholic Churches as a religious community, which are not members of a state-canonical corporation, agree with the responsible bishop at their own discretion their "material solidarity" according to church law (Canon 222 CIC). A corresponding solidarity fund is available in all dioceses. When declaring resignation from the church, one can choose this way with an informal declaration (e.g. "I resign from the state church law bodies and remain a member of the Roman Catholic Church"). The number of members of the Roman Catholic. Churches that are not members of a state church body are growing at a low level. On September 3, 2016, National Councilor Natalie Rickli announced her resignation from the body. At the same time, it affirmed its membership in the Catholic Church as a religious community. This is the first time that a person from public life in Switzerland has opted exclusively for membership under canon law.

Liechtenstein

In Liechtenstein , young people aged 14 and over can withdraw from the church without the consent of their legal guardians.

Belgium

In Belgium , one can withdraw from the Roman Catholic Church by sending a resignation letter with the necessary information about the baptism to the diocese responsible for the place of residence . The declaration of resignation is then recorded in the baptismal register . Church resignations vary between a few hundred and several thousand per year; the Roman Catholic Church does not publish any figures. Several humanistic and free-spirited associations, such as B. the Humanist-Free Spiritual Association of Flanders (Humanistische-Vrijzinnige Vereniging), the Studienkring Vrij Onderzoek in Brussels and the Fédération des Amis de la Morale Laïque (FAML) provide model letters for the resignation letter or guidelines; this does not lead to large-area leaks.

After several cases of sexual abuse became known in 2010 and Bishop Roger Vangheluwe resigned on account of such allegations, the number of resignations increased tenfold in Flanders: in 2010 there were 6,382 withdrawals, in 2011 there were 1,827. In 2011 the Diocese of Antwerp launched an advertising campaign for the baptism. By 2014 at the latest, the number had fallen back to the previous level.

Luxembourg

In Luxembourg , the Roman Catholic Church's practice is that a resignation letter with the necessary information about baptism is to be sent to the Vicariate General responsible for the place of residence . The declaration of resignation is then noted in the baptismal register and confirmed to the resigned by the vicariate general.

Poland

In Poland , church membership is not registered by the state. However, the Roman Catholic Church has special, state-recognized privileges with regard to its own members, who are only registered by the church. In particular, this concerns data protection , from which the Catholic Church is for the most part practically excluded due to an agreement with the General Inspector for Personal Data Protection (GIODO), since the church data collections are not subject to any control by GIODO.

Complaints from Polish citizens who have resigned from the Catholic Church and unsuccessfully demanded that it be treated as non-members under data protection law were initially rejected as inadmissible by the Warsaw Administrative Court on January 11 and May 7, 2012. The reason was that a declaration of intent according to the provisions of the civil code was not sufficient for leaving the church. The application of the legal institution of the declaration of will as a regulation regulated by the state, whom the church may consider as its member, would mean an impermissible interference of the state in internal church affairs. From the church's point of view, which has therefore been explicitly recognized by the Polish state with regard to data protection, it is not possible to leave the church. The court denied the admissibility of a constitutional action.

However, this view was not shared in the three precedent judgments of the Supreme Administrative Court (NSA) on October 24, 2013 . The NSA is of the opinion that GIODO is responsible for the objective examination of whether an effective exit from the state perspective has taken place. For this purpose, he should apply the public law standards, in particular the law on freedom of conscience and religion, and not the internal church regulations. The outcome of the examination by GIODO as to whether the plaintiffs' declarations of intent constitute effective withdrawals from the church is currently (November 2013) open.

Another order issued by the Opole Administrative Court on January 21, 2013 expressly pointed out that an apostasy carried out in accordance with canon law does not constitute an effective exit from the church for the state with consequences under public law (e.g. data protection law).

See also

literature

Web links

Commons : leaving the church  - collection of pictures, videos and audio files
Wiktionary: Church exit  - explanations of meanings, word origins, synonyms, translations

Church exit laws and ordinances

Individual evidence

  1. ↑ Entire legal regulation for the regulation of the interdenominational relationships of citizens , legal information system of the Federal Chancellery, version of January 16, 2017
  2. ↑ Maren Seliger, 2010: Sham parliamentarism in the Führer state: “Community representation” in Austrofascism and National Socialism: Functions and political profiles Vienna councilors and councilors 1934–1945 in comparison. Volume 6 of Politics and Contemporary History. LIT Verlag Münster, ISBN 3-643-50233-8 , ISBN 978-3-643-50233-9 . P. 234 ( online )
  3. ↑ Even young people are running away , Focus Magazin No. 38 (1993) by Eugen Georg Schwarz.
  4. ↑ Reasons for leaving the church in 1992, Evangelical Church ( Memento from January 20, 2012 in the Internet Archive ) (PDF; 40 kB)
  5. ↑ Press release "Evangelical Church wants to increasingly turn to non-denominational"
  6. ↑ Leaving the church as a cry for help: Tutzing conference examines the motives and reasons for leaving the church ( memento of February 12, 2013 in the web archive archive.today ), Sunday paper of July 8, 2012
  7. ↑ Study: The decision to leave the church is a long process ( Memento from February 8, 2013 in the Internet Archive ). Press release from the Evangelical Press Service . Retrieved September 22, 2012.
  8. ↑ Commitment and indifference. (PDF) EKD , March 2014, accessed on March 6, 2014 . Page 81
  9. ↑ Germans are losing their faith in God. Die Welt , March 6, 2014, accessed March 6, 2014 .
  10. ^ Termination of a nurse for leaving the church ( Memento from December 17, 2013 in the Internet Archive ), vonderwehl.de on VGH Baden-Württemberg, judgment of May 26, 2003 , Az. 9 S 1077/02, full text.
  11. ↑ LAG Rhineland-Palatinate, judgment of July 2, 2008 ( Memento of March 7, 2016 in the Internet Archive ), Az. 7 Sa 250/08, full text
  12. ↑ ArbG Aachen: Church may not simply reject non-denominational applicants , see also Az. 2 Ca 4226/11
  13. ↑ Bundesarbeitsgericht.de: Press Release No. 29/13 - Termination due to leaving the Church on April 25, 2013
  14. ↑ What does “leaving the church” mean? Pastoral word of the Bishop of Mainz Karl Cardinal Lehmann on the time of Easter penance 2011. (No longer available online.) March 11, 2011, p. 6 , formerly in the original ; Retrieved on November 21, 2018 : "Against this background, it is understandable that the Catholic Church theologically and spiritually does not know" leaving the church ""
  15. ^ Declaration by the diocesan bishops on questions of ecclesiastical finance
  16. ↑ Declaration by the German Bishops' Conference on leaving the Catholic Church (PDF; 18 kB)
  17. ↑ Vatican commentary on the motu proprio 'Omnium in mentem' . kath.net. December 17, 2009. Retrieved April 15, 2012.
  18. ↑ General decree of the German Bishops' Conference on leaving the Church (PDF)
  19. ^ Basic order of church service in the context of church employment relationships
  20. ↑ Art. 38 Para. 3 Order of Church Life of the EKU; C.1.5. Guidelines for the Church Life of the VELKD.
  21. ↑ This is legally regulated in Bavaria, for example, in the Church Tax Act Art. 3 Para. 4. A list of churches, religious communities and ideological communities that are recognized as corporations under public law can be found in the Bavarian Authority Guide.
  22. ↑ - ( Memento from September 11, 2007 in the Internet Archive )
  23. ↑ [1]
  24. ↑ No restrictions on leaving the church on the “public corporation” - judgment of the VGH Baden-Württemberg of May 4, 2010 - summary at free-urteile.de
  25. ↑ Ref .: BVerwG 6 C 7.12 , accessed on September 26, 2012.
  26. ↑ www.kirchenaustritt.de/bw
  27. ^ Registry office Lauda-Königshofen ( Memento from February 22, 2016 in the Internet Archive )
  28. ↑ www.kirchenaustritt.de/bayern (€ 25 for leaving + € 10 for the exit certificate)
  29. ↑ Section 1, Paragraph 2, No. 7 of the Justice Administration Costs Act i. V. m. Section 1, Paragraph 3 of the Church Leaving Act, revised by the law introducing an administrative fee for leaving the church of April 16, 2014, Law and Ordinance Gazette for Berlin p. 98
  30. ↑ www.kirchenaustritt.de/brandenburg
  31. ↑ [2]
  32. ↑ Exit Hamburg.de from the church
  33. ↑ www.kirchenaustritt.de/hessen
  34. ↑ www.kirchenaustritt.de/mv
  35. ↑ www.kirchenaustritt.de/niedersachsen personally at the registry office or at a notary
  36. ↑ www.kirchenaustritt.de/rp
  37. ↑ www.kirchenaustritt.de/saar
  38. ↑ www.kirchenaustritt.de/sachsen
  39. ^ Concern "leaving the church" at www.dresden.de ( Memento from February 8, 2013 in the Internet Archive )
  40. ↑ Fees according to www.leipzig.de ( Memento from August 11, 2014 in the Internet Archive )
  41. ↑ www.kirchenaustritt.de/anhalt
  42. ↑ Responsibility finder Schleswig-Holstein: Church entry / exit
  43. ↑ www.kirchenaustritt.de/th
  44. ↑ [3]
  45. ↑ [4]
  46. ↑ [5] , [6]
  47. ↑ [7] , [8]
  48. ↑ Anthony Liedhegener: leaving the church in Germany until 2019. 1862 (PDF; 29 k) August 31, 2020, accessed on 24 July 2020 .
  49. ↑ Sven Granzow, Bettina Müller-Sidibé, Andrea Simml: God Trust and Fuhrerlaube , in: Götz Aly (Ed.): People's Voice, Skepticism and Fuhrer Confidence in National Socialism , Frankfurt am Main 2006, 38–58, pp. 40, 207
  50. ↑ a b Secretariat of the German Bishops' Conference: Entries, resignations, resumption 1950–2018. (PDF; 61 kB) Accessed July 23, 2019 .
  51. ^ A b Research group Weltanschauungen in Germany: Church exits and church admissions West German Protestant regional churches 1953-2004. (PDF; 249 kB) August 30, 2006, accessed on July 23, 2019 .
  52. ^ German Bishops' Conference: Church Statistics. Retrieved July 23, 2019 .
  53. ^ Evangelical Church in Germany: Numbers and facts on church life. Retrieved July 23, 2019 .
  54. ↑ a b statistics on kirchenaustritt.de
  55. ↑ Millions of Germans are considering leaving the church . In: Focus , December 21, 2011. Retrieved December 29, 2011.
  56. ↑ Survey: One million people want to quit the church ( Memento from January 17, 2012 in the Internet Archive ). Evangelical press service. Retrieved December 29, 2011.
  57. ↑ Church membership figures on December 31, 2015. (PDF 624 kB) Evangelical Church in Germany, January 2017, accessed on April 26, 2017 .
  58. ^ Religious affiliations in Germany 2015 , Weltanschauungen research group in Germany, on December 20, 2016
  59. ↑ Zeit.de: Faith Without Words, Church Resignations , July 1, 2020
  60. ↑ VwGH 88/10/0014 (PDF; 29 kB), according to which there is no formal requirement for submitting a baptismal certificate or registration form
  61. ↑ Federal Law on Religious Raising of Children 1985
  62. ↑ Leaving religion - declaration . In: City of Vienna . Retrieved December 1, 2017.
  63. ^ Catholic Church Austria: Ecclesiastical statistics: entries, exits, pastoral dates. Retrieved January 15, 2020 .
  64. ^ Evangelical Church in Austria: Numbers and Facts. Retrieved February 27, 2020 .
  65. ^ René Meintz: Leaving the Church in Austria. Retrieved January 5, 2014 .
  66. ↑ Max Preglau, Postmodernes Österreich ?: Contours of Change in Economy, Society, Politics and Culture, page 333
  67. ^ More resignations from the church again , ORF.at on June 25, 1999
  68. ↑ The stupid boys in the seminary , Frankfurter Allgemeine on July 13, 2004
  69. ^ Church: Biggest exit wave since the Nazi era , Der Standard on December 18, 2010
  70. ↑ [9]
  71. ↑ Woman remains Catholic despite leaving the church, Tages-Anzeiger , article from August 3, 2012
  72. ↑ 22 believers donate instead of paying taxes suedostschweiz.ch, article from August 15, 2012
  73. ↑ Adolescents aged 14 and older , Liechtensteiner Vaterland , December 20, 2012
  74. ↑ Liems, Laura K.; Thewissen, Femmy: “ Ontdoping in de lift? ”, Mon , March 8, 2010.
  75. ^ A b " Tien keer meer ontdopingen in Vlaanderen ", Gazet van Antwerpen , February 21, 2011.
  76. ^ A b " Tien keer less Vlamingen ontdoopt ", Gazet van Antwerpen , January 29, 2014.
  77. ↑ Humanist-Vrijzinnige Vereniging: " Kerkuittreding ".
  78. ↑ Studiekring Vrij Onderzoek " Ontdoping: hoe & waarom ", April 10 in 2009.
  79. ↑ Fédération des Amis de la Morale Laïque (FAML): " Apostasy ".
  80. ↑ " humanist België knagen aan rooms bolwerk " Trouw , February 25 2000th
  81. ↑ “ Aantal ontdopingen duidelijk toegenomen sinds zaak-Vangheluwe ”, Knack , August 18, 2012.
  82. ↑ “ Kerk maakt reclame voor het doopsel ”, Knack , March 24, 2011.
  83. ↑ Archevêché de Luxembourg / Lëtzebuerg Äerzbistum: church membership ( Memento of 23 September 2015, Internet Archive ).
  84. ^ Generalny Inspector Ochrony Danych Osobowych (GIODO), Polish Wikipedia
  85. ↑ OCHRONA DANYCH OSOBOWYCH W DZIAŁALNOŚCI KOŚCIOŁA KATOLICKIEGO W POLSCE (PDF; 108 kB)
  86. ↑ a b O formalnym wystąpieniu z Kościoła ( Memento of December 3, 2013 in the Internet Archive )
  87. ↑ II SA / Wa 2026/11 - Wyrok ESC w Warszawie. January 11, 2012, accessed January 29, 2013 (Polish).
  88. ↑ a b c II SA / Wa 2767/11 - Wyrok WSA w Warszawie. May 7, 2012, accessed on January 29, 2013 (Polish): “[P] rzetwarzanie tych danych wynika z faktu, że akt chrztu, sporządzony zgodnie z wymogami prawa kanonicznego, jest dowodem przyjętego chrztu. W myśl prawa kanonicznego, WG pozostaje katolikiem (członkiem Kościoła katolickiego). German Translation: The processing of these data results from the fact that the baptism certificate , which is made out in accordance with the requirements of canon law , is proof of the accepted baptism. According to canon law, WG remains a Catholic (member of the Catholic Church). "
  89. ↑ Katarzyna Żaczkiewicz-Zborska: NSA: oświadczenia o wystąpieniu z kościoła są prawnie wiążące. In: lex.pl. October 25, 2013, archived from the original on November 3, 2013 ; Retrieved November 24, 2013 (Polish).
  90. ↑ II SAB / Op 59/12 - postanowienie ESC w Opolu. January 21, 2013, retrieved on February 12, 2013 (Polish): “Działanie lub bezczynność biskupa diecezji w sprawach dotyczących wystąpienia z Kościoła wiąże się natomiast ze sferą władzy kościelnej, którejanwo kościelnej, regul. W odniesieniu do aktu apostazji, będącej wewnętrzną procedurą Kościoła, nie wkracza on tym samym w sferę należącą do zakresu administracji publicznej (…). German Translation: The activity or inaction of the diocesan bishop with regard to leaving the church belongs to the area of ​​the ecclesiastical exercise of power, of which he is the authority and which is regulated by canon law. With regard to the act of apostasy, which is an internal church matter, it does not intervene in the area of ​​public administration (...). "
  91. ↑ With contributions by Rainer Bucher , Monika Eberhardt, Michael N. Ebertz , Martin Grichting , Gerald Gruber , Stephan Haering , Michael Himmelsbach , Stephanie Klein , Anna Lang , René Löffler, Martin Löhnig , Norbert Lüdecke , Stefan Muckel , Elke Pahud de Mortanges, Mareike Preisner, Jörg Winter , Andreas Wollbold . Reading sample (google) , reading sample (herder)