page_title: Kulturkampf
section_title: 1873
hierarchical_section_title: Kulturkampf / Kulturkampf in Germany / Timeline and laws enacted during the Kulturkampf / 1873
caption_attribution_description: English: Ludwig Windthorst, German politician 1872
context_page_description: Kulturkampf is a German term referring to the conflict
  between the government of the Kingdom of Prussia and the Roman Catholic Church from about 1872 to 1878, predominantly over the control of educational and ecclesiastical appointments. What made the Kulturkampf unique in Germany compared to struggles between state and Church in other states was its anti-Polish aspect.
  In contemporary socio-political discussion, the term Kulturkampf is often used to describe any conflict between secular and religious authorities or deeply opposing values, beliefs between sizable factions within a nation, community, or other group.
context_section_description: 17 January 1873, the term "Kulturkampf" came into play. Debating the law on education conditions for the employment of clerics, a Progressive deputy in the Prussian legislature – the distinguished medical scientist and pioneer of public health methods, Rudolf Virchow said: "Ich habe die Überzeugung, es handelt sich hier um einen großen Kulturkampf." (I am of the conviction that this is about a great cultural struggle) He repeated this term in a call for a vote by the German Progress Party on 23 March 1873. It was ironically picked up and derided in the Catholic press and enthusiastically defended in the liberal.
  30 January 1873, while the laws were being debated in parliament, the Prussian bishops submit a protest against the planned legislation and in a memorial, they announced their opposition to the new laws.
  5 April 1873, Prussia, Amendment of Sections 15, 16 and 18 of the Prussian Constitution
  In section 15 the sentence "The Protestant and the Roman Catholic Church, as well as every other religious community, regulates and administers its affairs independently" is supplemented by "but remain subject to the laws of the state and its legally regulated superintendence". It is added, that the same applies to the possession or beneficial use of institutions for religion, teaching, charity, endowments and funds.
  Section 16, regarding the unrestricted dealings of religious communities with their seniors and public announcements according to general regulations was cancelled.
  Section 18 cancelled the state's right to appoint, nominate, elect or confirm clerics for a post. But the amendment added, that the state could regulate the minimum education required for clerical posts, the appointment and dismissal of clergymen and servicemen of religion, and define the limits of ecclesiastical disciplinary measures.
  On 2 May 1873, the bishops issued a common pastoral letter explaining to the faithful the necessity to unanimously and passively resist these laws.
  May Laws
  The May Laws (Maigesetze), or Falk Laws, were a set of laws passed by the Prussian parliament in the years 1873, 1874 and 1875.
  Four laws passed in 1873 were enacted on 11/12/13/14 May 1873:
  1. Law on religious disaffiliation allowing a person to sever his connection with the church by simple declaration before a justice of the peace. This declaration freed him from all civil effects of belonging to a church, especially ecclesiastical burthens and dues.
  2. Law on ecclesiastical disciplinary measures restricting the exercise of ecclesiastical punishments and means of discipline directed against the life, property, freedom or honour of citizens. This included the infliction of the great excommunication if proclaimed with the name of the guilty, because of possible disturbances of civil and social intercourse. Thus, disciplinary measures were almost totally restricted to the spiritual realm (see state Monopoly on violence).
  3. Ecclesiastical disciplinary law concerning ecclesiastical power of discipline and the establishment of The Royal Court of Justice for Ecclesiastical Affairs. This subordinated the Catholic Church to state jurisdiction not only in external but also in internal matters. The law regulated the exercise of disciplinary power by church authorities against their officers for special violation of their duties. Members of the court had to be Germans residing in Germany. Bodily chastisement by the Church was entirely forbidden, fines were limited to maximum amounts, restrictions of freedom could only consist in banishment to a church institution within Germany no longer than 3 months and not against the will of the person concerned. On the other hand, the new court also was given jurisdiction over ecclesiastical officers in violation of state laws.
  With this law, the German clergy was to be exempt from any juridical body outside of the nation. Hence, judgments of the Holy See or the Roman Rota would not be binding upon them. The highest court was made up of Prussian ecclesiastics, all appointed with the permission of Prussian civil authorities. The Church's
caption: Ludwig Windthorst, 1872
exif: {}