"Judensau" dispute before the BGH: Church community defends itself

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»Judensau« relief on the Wittenberg town church: »disposal of the past«?

Photo: Hendrik Schmidt/dpa

In the dispute over a depiction of »Judensau« from the 13th century on the façade of the town church in Wittenberg, Saxony-Anhalt, the church community is defending itself against the demanded dismantling.

According to the plaintiff's argument, a "responsible handling of the past" could "only take place by completely disposing of the past," writes the lawyer for the Protestant community in her appeal response, which is available to SPIEGEL.

The case concerns a 13th-century sculpture whose anti-Semitic obscenity is beyond doubt: the sandstone relief on the facade of the church depicts a rabbi looking into a pig's anus while other Jews look at the animal's teats drink.

In the Christian art of the Middle Ages, pigs embodied the devil, in Judaism they are considered unclean.

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Plaintiff Düllmann: "Particular seriousness of the insult"

Photo: Jens Meyer/ AP

The pensioner Michael Düllmann, who lives in Bonn, has been demanding the removal of the relief from Martin Luther's former sermon church for years.

As a Jew, he feels disparaged.

His lawyer emphasizes "the particular gravity of the insult" by the "Judensau".

The other side points out that an information board explains the historical context.

With a more than 700-year-old abusive sculpture, it hardly seems possible "to derive the solidarity of a group affected".

Rather, the question arises as to whether "a chronological dividing line needs to be drawn" since it is "only a matter of history".

So far, several courts have agreed with the parish, most recently the Higher Regional Court of Naumburg in Saxony-Anhalt.

"If viewed in isolation, displaying the relief would be considered an insult to Jews according to today's values," the verdict said.

However, "the concrete circumstances" must also be taken into account: Because the "Judensau" is hanging over a memorial, it is "part of a culture of remembrance and remembrance".

Düllmann, who is outraged by this argument, traveled personally to the hearing in Naumburg in January 2020 and gave an emotional speech in court.

It's a scandal, he said, that the relief is still hanging on the church.

Judaism is thus defamed, the plastic symbolizes anti-Semitism in church and society.

In addition, an insult is also an insult if it is commented on.

The Naumburg judges saw things differently, but attested the case to be of “fundamental importance”: there are anti-Jewish depictions of this kind in many churches in Germany.

The Federal Court of Justice will hear the matter on May 30th.