Islam Critical teacher wins lawsuit
Ismail Ceylan about a memorable trial, Islamophilic authorities and the question of responsibility
Citizen Times
June 26, 2013
https://www.legal-project.org/4140/islam-critical-teacher-wins-lawsuit

Winners of the process before the Administrative Court Gelsenkirchen: Teacher Daniel Krause - Picture: Ismail Ceylan
DCologne he teacher Daniel Krause has won a clear victory in court. More than a year, the young officer was forced to leave the service. This was triggered by his anti-Islam statements have been ( CT interview ). Now it is clear: his profession, including civil servants, he may keep, as well as the remuneration of 48,000 euros, which he continued to receive during his leave of absence. The costs in the amount of 5,000 euro bears completely the state of NRW. An appeal is not allowed. Krause has obtained so very clear.
The audience seats were well filled in the Administrative Court Gelsenkirchen. Humanist critics of Islam from the Rhine-Ruhr region as well as numerous friends of the young teacher expected the verdict with power. Also former students of Krause, obviously freshly baked graduates had to see this courtroom and the teachers expressed their thumb. From the beginning, many of them had also publicly behind Krause.
The background: On 9 June 2012 had held an event in Cologne, hundreds of Salafists fascist. These Salafists were repeatedly struck by violence, misogyny and homophobia. As a feminist and a practicing homosexual teacher Daniel Krause this could not remain silent.Through a megaphone of the party was also present Pro NRW he held a spontaneous short speech against the fascist Salafism. In it, he said in part: "As a homosexual, I'm more afraid of Islamists against Nazis." An utterance, for which he paid tribute to a lot of respect, but others also brought against hatred.
Krause was still living at that time in Dortmund and taught at the local city high school.Meanwhile, Acting Headmaster Koolen Bernhard Krause Islam-critical statements were an eyesore. Koolen asked the competent Arnsberg district government about to suspend Krause immediately. Finally, the urgent suspicion existed that Krause had failed with his statements to law officials. The county government was the desire of the head teacher on leave after and the young officials among others to its own "protection."
In the population, the opinions were divided: Who had behaved wrong here? The teacher or the school principal Daniel Krause Bernhard Koolen? What is so reprehensible when a professing homosexual-teacher brings his fear of Islamists to express? If a principal is not that teacher rather strengthen the back, instead of pandering to Muslim student clientele?For a long time the city school suffers from declining numbers of applications. Bernhard hoped Koolen by appeasement of Muslim families to stop this trend? Koolen was thereby negatively hit the headlines, that he cooperated with a radical Muslim Association. An imam of this association had even held a "Muslim religious service" in the city high school. This made in the print editions of the regional press and on the Internet for controversy ( CT reported ).
The controversial headmaster Bernard Koolen himself was not present in court. Instead tried to explain the reasons for the suspension, a representative of the district government. The councilor admitted that the teacher Daniel Krause not imputed right-wing motivations.Finally, two close friends of the teacher, the Krause was named as witnesses testified: Frizzy Contact Pro NRW was unique and came about by chance, a closer connection to this party did not exist.
This was also Pro-NRW boss Markus Beisicht in a written statement. Was also pointed out that Beisicht already on the few days after Krause's spontaneous speech party websitesaid:
"Dr. Krause was completely unknown to me until Saturday. He was randomly attention to our rally in Deutz. He then probably looked at some speeches from a distance and was then approached by a PRO-NRW-member whether he would also be manifested. This he then proceeded to do this and explicitly outed as a political opinion of our opponents CITIZENS MOVEMENT. He expressed do: I'd rather here than other parties would demonstrate PRO NRW ".
That the representation of Krause's friends as well as the Pro-NRW bosses are credible, also underlined Krause's lawyer. This pointed out that his client explicitly in his spontaneous speech as the Greens were to identify voters. In addition, Krause had clearly known that speech to the free democratic basic order, "Long live the Constitution," the young teacher said at the time. This was explicitly recognized by the court again.
Krause and his lawyer pointed out that a real threat of Islamism. Krause's attorney so stressed that homosexuality watched what Islamists as "mortal sin". Thus, each homosexuals have the right to express his fear of Islamists publicly. The lawyer further stated that Krause had not spoken of sweeping of "Muslims" but expressly of "Islamists". Krause himself argued that the constitutional protection in Islam similar to the left and right see a dangerous form of political extremism. If teachers may speak against left-and right-wing public, do not see why teachers should not be manifested against Islamism.
Krause himself stressed, it will continue to fight against Islamism: "It is not only the right but even the duty of every Democrat to fight against Islamism. Because Islamism is incompatible with our liberal core values. "These core values are the equality of women and men, girls and boys, homosexuals and heterosexuals, of believers and unbelievers. Krause finished using examples such as radical Islamic movements, the rights of women and gays worldwide with feet: "In many Islamic countries, women are stoned to death for adultery, and homosexuals are tortured to death. Then you have as a teacher but must point! "
The representative of the district government did visibly difficult to give reasons for maintaining the suspension. Finally, he demanded an interruption of the process to keep phone with his superiors in the Arnsberg district government consultation. But without result.On the spectator benches to smile did on an obviously insufficient communication within the agency. Had they can be too hasty a year ago by the controversial headmaster Bernard Koolen "driven before?"
So it was not surprising that the court found in favor of Krause: The suspension was illegal and must be withdrawn immediately. If only for formal reasons is not the suspension was lawful, the judge ruled, and saved himself by a closer examination of the legality of criticism of Islam . The authority had in fact not done in time, disciplinary proceedings and thus "not repairable" committed a procedural defect. Even if such a process would be initiated, this would probably still does not mean dismissal from the civil service, the judge suggested.
On the spectator benches was heavily discussed immediately after the end of the process.Although the court ruling came on a perfect agreement, but should not someone take responsibility for the costs incurred? That Krause had received 48,000 euros for "doing nothing", could not make himself to blame you. But it must now be no disciplinary action against those people who had to answer for this wrongful suspension? Both the content of Krause including legal costs now have to bear the tax payers. This is the price for the questionable Posting of certain officials in the school management of the school and in the city district government.
The debates on Islam, Islamism and the integration of Muslims in Germany and Europe can be found in our Research and Documentation Project:

receive the latest by email: subscribe to the legal project's free mailing list