Key facts of the case - The plaintiffs homeschooled their 14 and 12 year old sons. In 2007, the school authorities obliged the parents to send their sons to a compulsory school. The parents did not do so. They claimed that the education in public schools does not convey the educational goal of reference for God as anchored in Art. 131 II of the Bavarian Constitution. Because of their religious convictions and their right to educate their children accordingly (Art. 4 in conjunction with Art. 6 II of the German Constitution), they refused to send their sons to school.

Main reasoning of the court - In its order, the Higher Administrative Court of Bavaria referred to the permanent ruling of the Constitutional Courts and the Higher Courts regarding compulsory school attendance. It followed the permanent rulings by stating that the compulsory school attendance which substantiates the State’s educational mandate (Art. 7 I German Constitution (GG) and Art. 130 Bavarian Constitution (BV)) limits the parents’ religious freedom and their right to educate their children, in a permissible way.
It held that the State’s educational goals may differ from the parents’ as long as the education is neutral and tolerant towards the thoughts of others.
The educational goal of reference for God is to be seen in the light of mutual tolerance as well. As the Court already found in a previous decision, the reference for God is sufficiently integrated in the education at school.
Further, the Court stated that the parents are free to send their sons to a Christian school that rather complies with their educational and religious convictions.
The parents also cannot claim to have their children spared from different religious convictions or ideologies at school. As long as the State manages to balance all educational goals, it is at the State’s discretion how the subjects at school are arranged.
Therefore, the plaintiffs do not have the right to homeschool their sons.