The election of a judge to Germany’s constitutional court was delayed due to outcry over her views on abortion. Opposition to Frauke Brosius-Gersdorf’s appointment brought together figures from across German Catholicism. The parliamentary vote was postponed after it became clear Brosius-Gersdorf would struggle to gain the necessary majority. Brosius-Gersdorf is a law professor who was appointed to a commission examining ways to regulate abortion. The commission proposed fully decriminalizing abortion in the first 12 weeks of pregnancy, but the proposal did not pass.
5 months ago
The election of Frauke Brosius-Gersdorf to Germany's Federal Constitutional Court was postponed after she failed to secure the required two-thirds parliamentary majority, largely due to significant Catholic opposition over her views on abortion 1. Brosius-Gersdorf, a law professor at the University of Potsdam, was nominated by the Social Democratic Party (SPD) to fill one of three vacancies on the influential 16-member court 1. She had previously served on a government commission in 2023 that proposed fully decriminalizing abortion in the first 12 weeks of pregnancy, a proposal that did not pass parliament before the previous coalition government collapsed 1.
Central to the controversy was an essay Brosius-Gersdorf published in 2024, in which she discussed the relationship between human dignity and the right to life under Germany's Basic Law 1. In this essay, she suggested there were "good reasons" to accept that human dignity only begins at birth, describing the opposing view as a "biologistic-naturalistic fallacy" 1. This stance drew widespread condemnation from various Catholic figures across Germany, including Bishops Stefan Oster and Rudolf Voderholzer, who called it a "radical attack on the foundations of our constitution" 1. Irme Stetter-Karp, co-president of the contentious Synodal Way, also expressed concern, stating she could not vote for Brosius-Gersdorf based on this position 1. Archbishop Herwig Gössl of Bamberg described the professor's views as a "domestic political scandal," warning against a potential "abyss of intolerance and contempt for humanity" 1.
The delay in the judicial appointment highlighted divisions within Germany's new coalition government, led by Chancellor Friedrich Merz, a Catholic 1. SPD parliamentary group leader Matthias Miersch criticized the Catholic interventions as "unchristian" and a "smear campaign" by right-wing groups, insisting Brosius-Gersdorf's nomination would not be withdrawn 1. Brosius-Gersdorf herself denied misrepresenting her views, stating she does not deny human dignity to unborn life or advocate for abortion up to birth 1. Beyond her abortion stance, critics also cited her conditional support for banning the Alternative for Germany (AfD) party and advocacy for mandatory vaccinations, alongside a plagiarism accusation 1.
The path forward for Brosius-Gersdorf's nomination remains uncertain 1. Her supporters would need to negotiate to secure broader backing for a successful second vote, or the vacancy could lead to a lengthy stalemate affecting the court's functions 1. Another possibility is the withdrawal of her nomination in favor of a less polarizing candidate 1. The controversy has also prompted reflection within the German Catholic Church regarding the appropriateness and effectiveness of the bishops' interventions in political matters 1.
Does the Church have a role in public life?
Yes, the Catholic Church has a significant role in public life, rooted in its mission to evangelize and promote human dignity and the common good . This role is not limited to spiritual matters but extends to the social, ethical, and political dimensions of human society .
The Church plays a crucial role in forming the consciences of its members, guiding them to understand and act upon Catholic teaching in their daily lives, including their political engagement . This involves educating individuals on the four basic principles of Catholic social doctrine: the dignity of the human person, the common good, subsidiarity, and solidarity . By grounding Catholics in these principles, the Church enables them to evaluate policies, platforms, and candidates in light of the Gospel and the Church's moral and social teachings .
A core aspect of the Church's involvement in public life is its commitment to affirming and defending human dignity . The Church believes that every individual is made in the image and likeness of God, possessing inherent value that must be respected and honored . Consequently, the Church advocates for conditions of peace, justice, security, order, and intellectual and material development that are indispensable for each person to live according to their dignity . The pursuit of the common good—the sum total of social conditions which allow people, either as groups or as individuals, to reach their fulfillment more fully and more easily—is a fundamental ethical dimension of politics, which the Church highly esteems as a service to humanity .
The Church asserts that politics has an essential ethical dimension because it is, above all, a service to humanity . As the guardian of the message of salvation, the Church reminds individuals, especially those in government, of their fundamental ethical duties in promoting the good of all . The Church's social teaching, developed over centuries, emphasizes how society either helps or hinders people in living out the command to love God and neighbor . This teaching provides guidance on applying Gospel values to societal problems, encouraging Catholics to actively participate in building a just and compassionate social order .
While the Church is actively involved in public life, it is not identified with any political community or bound to any political system . The Church respects and encourages the political freedom and responsibility of citizens . Its contribution is primarily through the proclamation of the Gospel and the formation of consciences, aiming to ensure that human history evolves in a way that corresponds to God's plan for humanity . The Church is ready to collaborate with public authorities and national societies, offering its energies in fields such as education, culture, and social assistance, always with respect for its specific mission .
The Church also bears prophetic witness when the dignity and rights of persons are threatened, or when justice or charity demand it . This includes addressing the causes of destitution and poverty, not just helping those in need . The Church's initiatives often precede or integrate with those fostered by civil society, particularly in relieving and uplifting the poor, the suffering, and the vulnerable . It promotes literacy and strives for comprehensive education that forms individuals for their professional, ethical, and social responsibilities .
In summary, the Church's role in public life is comprehensive, encompassing the formation of consciences, the promotion of human dignity and the common good, the ethical guidance of political action, and active collaboration in social and cultural development, all while maintaining its independence from political systems .