Key facts of the case - A six-year-old boy and his father are atheists. The son is in a municipal kindergarten where the children say grace before meals. They filed a constitutional complaint claiming that their negative freedom of faith granted in Art. 4 GG (basic law) as well as the principle of religious neutrality of the state were violated.

Main reasoning of the court - The Court found that neither Art. 4 GG nor the principle of state neutrality were violated. Municipal kindergartens have the right to integrate Christian elements into the daily routine, as long as no missionary work is done and no child is forced to participate. As long as the atheistic view of the child is tolerated, there are no unreasonable burdens for the child to attend the kindergarten.