Definition and legal classification of LER (Life Design-Ethics-Religious Studies)
LER (Life Design-Ethics-Religious Studies) refers to a subject introduced as a mandatory course in secondary schools (grades I and II) in the state of Brandenburg. It imparts ethical, philosophical, cultural, and religious studies content based on an ideologically neutral foundation and, in Germany, exists within a special legal tension between the state’s educational mandate and individual freedom of religion.
Legal foundations of LER in the state of Brandenburg
Introduction and development
LER was introduced in Brandenburg in 1996 on the basis of the Brandenburg School Act (BbgSchulG), with the aim of providing an ideologically neutral replacement for traditional religious instruction. This decision was influenced by the unique history of the state and the resulting societal characteristics after German reunification.
Statutory regulations
Brandenburg School Act (BbgSchulG)
The School Act for the state of Brandenburg regulates the basis for the LER subject in the following provisions:
- § 14 BbgSchulG: This paragraph stipulates that the state of Brandenburg introduces and teaches LER as a mandatory subject. LER is intended to reflect the ideological and religious diversity of the population and to educate students in tolerance, democracy, and a sense of responsibility.
- § 15 BbgSchulG: Here, LER is legally treated as a “substitute subject” for traditional religious education. LER is compulsory for all students, while religious or ideology-based classes are offered as voluntary supplements.
- Constitutional requirements: LER is based on the requirements of the Basic Law (Grundgesetz), especially Article 4 (freedom of faith and conscience) and Article 7 paragraph 3 (religious education as a regular subject), though LER as a mandatory course exists alongside voluntary religious education.
Difference from religious education
While religious education, according to the Basic Law for the Federal Republic of Germany, is to be offered as a regular school subject (Art. 7 GG), LER is taught as a mandatory subject throughout Brandenburg. Confessional religious education is voluntary and takes place in parallel with or in addition to LER.
Case law on LER
Federal Constitutional Court
In 2001, the Federal Constitutional Court (BVerfG) addressed the legal admissibility of LER in landmark decisions. It found that the state of Brandenburg is authorized to introduce the mandatory subject LER, as long as there remains the option to attend voluntary religious instruction in addition (BVerfGE 108, 282 – LER).
The Court stressed that, while the state is obliged to maintain neutrality in religious and ideological matters, it can implement its own educational concepts within the scope of its cultural sovereignty. The parental right to religious upbringing (Art. 6 para. 2 GG) and students’ freedom of faith (Art. 4 GG) are not violated by LER, as the subject includes the teaching of religious studies content and religious instruction continues to be offered on a voluntary basis.
Administrative court decisions
The introduction and implementation of LER resulted in numerous administrative court proceedings. Parents, churches, and various social groups took legal action against mandatory participation in LER classes. The general consensus in these rulings is that constitutional concerns about religious freedom and parental rights are sufficiently protected by the provision of voluntary religious education.
LER and its relationship to further legal sources
Basic Law (Grundgesetz)
- Art. 4 GG (Freedom of faith and conscience): Central point of reference regarding the state’s ideological neutrality.
- Art. 6 GG (Parental right in education): Parental authority is safeguarded by the coexistence of LER and voluntary religious education.
- Art. 7 GG (School system and religious instruction): While other federal states prescribe regular religious instruction, Brandenburg makes use of the leeway provided by the federal structure of the education system and establishes LER as a mandatory subject.
State constitutions
- Brandenburg State Constitution (BbgVerf): Particularly stipulates the right to ideological and religious neutrality of the state and mandates pluralistic educational content.
LER in the context of educational freedom
The subject LER represents a special case within the German education system. Unlike the majority of federal states, where confessional religious education is the primary focus, Brandenburg follows the concept of a jointly taught, confession-neutral subject with an emphasis on ethics and religious studies. This reflects the cultural and historical differences inherent in the education system, which fall within the competence of federal states.
Criticism and social discussion
The controversy over LER centers particularly on whether the compulsory subject LER infringes the constitutionally protected right to religious education. Representatives of religious communities criticize a possible displacement of traditional religious instruction, while proponents view the provision of LER as an important contribution to pluralistic and value-based education. Within political and social debates, the compatibility of LER with the Basic Law has been repeatedly affirmed.
Summary and outlook
LER (Life Design-Ethics-Religious Studies) is a legally mandated compulsory subject in Brandenburg that teaches ethical, philosophical, and religious studies content without confessional affiliation. Its legal framework is consistent with the requirements of the Basic Law and is affirmed by relevant jurisprudence. The subject demonstrates efforts to meet the challenges of a pluralistic society in the field of education, without impairing the individual rights of students and parents. Going forward, the further development of LER in light of societal and legal changes will remain a subject of educational policy debate.
Frequently Asked Questions
What is the legal basis for LER in Germany?
The subject Life Design-Ethics-Religious Studies (LER) finds its legal foundation primarily in the school laws of the respective federal states. The most important reference is the Brandenburg School Act (§ 9 BbgSchulG), since LER was mainly introduced in Brandenburg. Here, LER is defined as a regular school subject, standing on equal footing with religious education. On the federal level, the introduction and development of school subjects (including LER) are determined by the so-called cultural sovereignty of the federal states (Art. 7 GG – Basic Law; Art. 30 GG). This means that each federal state can decide independently how ethical and religious topics are covered in the curriculum. In Brandenburg, LER was introduced as a mandatory substitute for traditional religious education and has thus become part of the binding timetable at public schools. This has been affirmed in several court decisions, most recently by rulings of the Federal Constitutional Court, which affirmed the constitutionality of LER as long as it is ideologically neutral and religious education is offered in a voluntary form.
To what extent is LER compatible with the Basic Law?
LER has been examined in detail for its conformity with the Basic Law. Central here is Art. 7 para. 3 GG, which stipulates that religious education is a regular subject at public schools. With the introduction of LER as a regular subject in Brandenburg, the question arose whether this would infringe constitutional rights. The Federal Constitutional Court has confirmed, however, that LER is compatible with the Basic Law, provided it is taught in an ideologically neutral manner and parents and students continue to have the opportunity to voluntarily participate in confessional religious education (decision of May 31, 2006, 1 BvR 1003/02). The Brandenburg model, in which LER is mandatory and confessional religious education is an optional additional offer, meets these requirements and respects both state neutrality and freedom of religion.
Are students required to participate in LER classes?
According to the school regulations of the state of Brandenburg—the only federal state where LER is established as a compulsory subject—all students attending public schools (from grade 5 onwards) are generally required to participate in LER classes. Only those who instead opt for voluntary religious education can thereby be exempted from attending LER. Such exemption must be applied for in writing, and usually only covers those LER lessons, which are then replaced by the corresponding religious education. In other federal states, LER is not established as a separate mandatory subject in this form and different rules apply, which usually refer to traditional ethics and religion classes.
What say do parents have regarding LER?
Parents, according to the Basic Law (Arts. 6 and 7 GG), have custodial and participatory rights concerning the religious and ideological education of their children. The Brandenburg School Act stipulates that participation in confessional religious education is at the request of the legal guardians (§ 9 para. 2 BbgSchulG). Parents can therefore decide whether their child should participate in religious education in addition to or instead of LER. In the introduction and ongoing development of the LER subject, parents are represented within the school conference and on school co-determination committees and can thus influence the form and implementation. However, there are no individual exceptional rights that would override the general obligation to participate in LER.
Who is permitted to teach LER, and how is teacher training regulated?
Teachers who teach LER must meet the education and qualification requirements set out by the respective state laws, in Brandenburg according to the state’s teacher training regulations. The training includes a teaching degree specifically tailored to LER, covering content from ethics, philosophy, religious studies, social sciences, and humanities. In addition, regular further training is mandated to ensure ideological neutrality and the topicality of the curriculum. It is also mandatory that teachers impart a neutral, pluralistic worldview, which is regularly reviewed through evaluations and curriculum guidelines.
Does grading in LER have legal consequences?
Since LER is a regular subject, it is relevant to promotion and is graded. The legal rules for assessment and certificates are the same as for other subjects (§ 52 BbgSchulG for Brandenburg). Grading in LER must be understandable, objective, and transparent. If there are doubts about an assessment or a student feels unfairly treated, legal remedies may be pursued—first through an objection on the school level, then via a complaint with the education authority. As a rule, grading must comply with pedagogical and legal guidelines, particularly regarding state neutrality and the prohibition of discrimination.
Are exemptions from LER for religious reasons possible?
Legally, there are no general exemptions from LER solely on religious grounds, as the subject is designed to be ideologically neutral and thus does not discriminate against or favor any particular religious group. However, exemption is permitted if the student instead attends the regular religious instruction of a religious community (§ 9 para. 2 BbgSchulG). Any further exemptions require a special application providing compelling and substantiated reasons. Such applications are decided by the responsible school administrations in accordance with applicable laws, always taking into account the child’s welfare and the state’s obligation to neutrality.
