No sooner had the Bavarian Prime Minister announced the “ban on congregational singing in church services” on Sunday than Jörg Wöltche filed a complaint with the Bavarian Constitutional Court. “I emphasize that this was done privately, because as an employee of my Protestant regional church I am not entitled to such a complaint,” says the Bad Kissingen church music director and Schweinfurt dean’s chantor.
When Wöltche turned to Munich on Monday, the Free State’s 10th Infection Protection Ordinance had not yet been passed or made public. For this reason, among other things, Wöltche’s letter does not meet the requirements for a constitutional complaint, according to the reply from the Munich Constitutional Court on Friday.
The new Infection Protection Ordinance, which came into force on December 9, stipulates that worshipers are no longer allowed to sing. “I think that’s completely excessive,” says Wöltche. After all, prayer is still allowed. “What is the difference between praying an Our Father while sitting or quietly singing along to a song while standing?”
Prohibition of singing felt as paternalism
The fact that the worshipers are not even allowed to sing a “Silent Night” on Christmas Eve made him personally very upset. “I had a sleepless night after Sunday when the ministerial round met.” Because, of course, in Bad Kissingen, as elsewhere, a comprehensive hygiene concept with distance and hygiene regulations was presented. And the preaching in word and music is, says Wöltche, the focus of an evangelical worship service.
The state cannot intervene in the structure of church services in this way, says Wöltche, who also heads the KisSingers gospel choir. You have to defend yourself against this, he feels that the ban on singing is “paternalism”. According to Paragraph 142 of the Bavarian Constitution, however, churches are “free from state patronage,” argues the church music director. The state government invokes studies with professional singers in its singing ban. “Anyone who sings as a trained singer with up to 120 decibels naturally emits a different amount of aerosols than the average worshiper,” said the church musician.
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The lawsuit would probably not be crowned with success
On Friday Wöltche had the answer from the Constitutional Court in the mailbox. The judge from Munich showed understanding in his letter, says the church music director. However, it was pointed out to him that at the time of his complaint there had been no “existing act of implementation” of the singing ban. In addition, the Free State – unlike in the spring with the brief Bavaria-wide ban on worship – has now chosen a “milder measure” in relation to church services in the 10th Infection Protection Ordinance with the singing ban.
If he wanted to pursue his concern, he would have to reformulate it and take the normal legal action, Wöltche quotes the consultant at the Constitutional Court. But with such a lawsuit, the letter says, he will probably not be successful, says the church music director.
Church music director: Remain brave despite pandemic regulations
You have to keep an eye on the pandemic regulations, but you shouldn’t be intimidated by them, he thinks. Christmas is a special celebration, at least the children should benefit from it. That is why Wöltche has been committed to ensuring that the Protestant parish in Bad Kissingen can perform a nativity scene outdoors. “It has been coordinated with the authorities responsible for hygiene protection – and they are even happy that we are doing it.”
For years, the children’s performance has been held in the house of God on Christmas Eve. The parish has now rented the stage in the courtyard of the Bad Kissinger Luitpoldbad for Sunday, December 20th. The ingenious hygiene concept provides for 400 personalized seats, for which you can get the free seat cards in advance. 25 children will then sing and play on the stage – separated from each other by foil walls.
Only put up posters on Friday
“It’s a semi-scenic performance that we want to film and then put online on Christmas Eve,” says Wöltche enthusiastically. The children had been rehearsing alone at home for a long time, each for themselves. Now the whole thing will be brought together on stage. Only on Friday did the church music director put up the posters for the performance in the city.
The development of the number of corona cases in the Bad Kissingen district is causing uncertainty. On Friday, December 11, the 7-day incidence was already 183.1, according to the district office. If the 200 mark is exceeded, differently thought-out performances such as the outdoor nativity scene would have to be canceled. “Then that’s the way it is,” says Wöltche, resigned to this thought. But then there is one thing he definitely wants to do: film the children’s scenes. “I already have a nice script in mind.”
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