Explaining the Cologne Circumcision Decision

摘要

The decision of the Cologne Regional Court1 (Landgerkht Kdln)2 on religiously motivated circumcisions allegedly banned those circumcisions in Germany-or at least a part of Germany. The opinion of the court was discussed worldwide and was continually misconstrued as a broader signal emanating from Germany that reflects potential discrimination and ignorance of important religious groups and their needs. The author was the spokesperson of the court for this case, a judge himself at the Cologne Regional Court at the time. He explains the legal and factual background as well as the reaction of the German legislature to the decision. He clearly rejects the notion that this decision is discriminatory in nature. On the contrary, it shows a remarkably liberal approach, although references from its holding may indeed limit religious communities in practising circumcisions.