Bavarian Court Upholds Right to Peaceful Prayer in Public
In a landmark decision, the Bavarian Higher Administrative Court has ruled that there is no general 100-metre exclusion zone (“Bannmeile”) around medical practices that could prohibit peaceful prayer or assembly. The court rejected a ban of the city of Regensburg against a prayer gathering of a Christian group near an abortion facility, arguing that there was no evidence whatsoever that the group’s behaviour had caused any form of harassment or intimidation.
In September 2025, the Bavarian Constitutional Court (BayVGH) ruled that blanket bans against peaceful prayer gatherings near abortion facilities are impermissible. The decision came after the city of Regensburg sought to prevent a Christian group from praying near a clinic, citing a law criminalising harassment of visitors. The Court emphasised that peaceful assemblies which do not involve harassment cannot be prohibited wholesale, and that any restriction must be assessed case by case, justified only in situations involving serious disruption or intimidation.
The city of Regensburg sought to impose strict conditions, demanding that all assemblies be held at least one hundred metres away from the entrance of the centre; officials argued that the proximity could lead to so-called “sidewalk harassment”, which is prohibited under the German Pregnancy Conflict Act (Schwangerschaftskonfliktgesetz). The organisers challenged this condition, asserting that their gatherings were peaceful expressions of belief protected by the German Constitution and the European Convention on Human Rights.
The Bavarian Higher Administrative Court now confirmed the lower court’s view. In its written decision, the BayVGH explicitly rejects the idea of a general exclusion zone, stating: “There is no 100-metre zone around practices in which a public expression of opinion is per se prohibited.” According to the court, there was no evidence whatsoever that the group’s behaviour had caused any form of harassment or intimidation.
The court referred to a police report from March 2025, which confirmed that the gathering, which has been taking place for years, consisted only of silent prayer and that no participants had approached or spoken to anyone entering the building. Because the organisers had acted peacefully and without confrontation, the BayVGH concluded that “their right to assemble and express their beliefs publicly must be respected”. The judgment made clear that the German Pregnancy Conflict Act cannot be interpreted as a basis for general prohibitions or buffer zones around medical facilities. Any limitation of the freedom of assembly must be justified by specific evidence of misconduct in the individual case.
In recent years, attempts to create blanket “buffer zones” around certain facilities have spread across Europe. These zones often claim to protect individuals from harassment, yet in practice extend much further and silence legitimate forms of expression. In the case of Bavaria, the Court's decision highlights that this broad application unduly restricts fundamental rights and that the public sphere cannot be fenced off from peaceful expressions of faith.
Court ruling: BayVGH, Az. 10 C 25.1591, 10 CS 25.1672
Source: zeit.de; VGH.Bayern
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