The Evangelical Church of Cologny in the Swiss canton of Geneva has taken a significant legal step by appealing to the European Court of Human Rights (ECHR) against a local ban on public baptisms in Lake Geneva. This decision follows the Swiss Federal Supreme Court’s ruling, which upheld the Geneva State Council’s denial of the church’s right to conduct baptisms in the lake, citing the canton’s secularism laws.

Background of the Case:

In July 2022, the Geneva State Council prohibited the Evangelical Church of Cologny from performing baptisms in Lake Geneva. The council justified the ban by referencing the canton’s ‘laicité’ law, which permits religious ceremonies in public spaces only for churches with an official relationship with the state. This decision was met with disappointment and concern from the evangelical community, as public baptisms had been a long-standing tradition in the area, often conducted with tacit or explicit approval from local authorities.

Legal Journey:

The church’s appeal to the Federal Supreme Court was rejected in February 2024. The court supported the Geneva State Council’s stance, arguing that public religious ceremonies could potentially disrupt religious peace and offend others’ convictions. This ruling prompted the church, supported by the Swiss Evangelical Alliance (SEA-RES) and the Romande Federation of Evangelical Churches (FREE), to seek a resolution from the ECHR, questioning the compatibility of the Swiss court’s decision with international religious freedom rights.

Concerns Over Religious Freedom:

The evangelical bodies argue that the Geneva canton’s requirement for churches to have a formal relationship with the state to conduct public baptisms is a disproportionate restriction on religious freedom. They contend that this regulation treats religious organizations as suspect and undermines the independence of churches from state control. The evangelical community views this as a broader decline in religious freedom in Geneva, a city known for its human rights legacy.

Implications:

The case has garnered significant attention, with evangelical groups emphasizing the importance of defending the peaceful expression of faith both privately and publicly. They argue that the state should not restrict religious rights based on whether a church maintains formal relations with it. The outcome of this appeal could have wider implications for religious freedom and the relationship between church and state in Switzerland and potentially across Europe.

The appeal to the ECHR represents a critical moment for the Evangelical Church of Cologny and the broader evangelical community in Switzerland as they seek to assert their rights to religious expression in public spaces. The European Court of Human Rights decision will be closely watched, as it could set a precedent for similar cases in the future.