An evangelical church in Cologny, in the Swiss canton of Geneva, has decided to appeal to the European Court of Human Rights (ECHR), the Federal Court's decision against public baptisms on Lake Geneva.

It has done so supported by the the Swiss Evangelical Alliance (SEA-RES) and its Geneva section, the Réseau évangélique de Genève (REG), as well as the Romande Federation of Evangelical Churches (FREE), to which it belongs. 

The appeal to the European court was submitted this week to verify the compatibility of the Swiss court's ruling with the international right to religious freedom.

A long process

In July 2022, the Geneva State Council did not allow the church of Cologny to celebrate baptisms in the Geneva lake, stating that the canton's ‘laicité’ law says that “baptisms in public places are authorised only for churches with which the State Council has a relationship”.

Stéphane Klopfenstein, deputy director of the RES then regretted that “Geneva is trampling on its tradition of tolerance and damaging its reputation as a capital of human rights”.

The free evangelical church appealed to the Federal Court, which last February rejected the appeal.

Too much cantonal power?

“In its ruling of February 2024, the Federal Court validated the conception of secularism according to which a baptism ceremony celebrated in the public space could offend religious peace and the convictions of others”, underlines the joint press release from the evangelical church of Cologny, the RES and the FREE.

According to the evangelical bodies, “the main point of disagreement with the Federal Court concerns the recognition procedure established by the canton of Geneva”.

That “involves the signing of a declaration of commitment by the religious community concerned, followed by a discretionary decision by the Geneva Council of State. And this decision cannot be appealed”, they explain.

That is why they warn that “the state has the power to choose which communities it grants the freedom to exercise the right to religious freedom on public property, and which communities it denies this right”.

“We stand up for the defence of the peaceful expression of faith and religious freedom, in private and in public, with respect for the authorities and for all sensitivities”, concluded the press release.

“The decline in religious freedom”

After the federal court upheld the original appeal, the RES issued a statement in April, pointing out that “the decision confirms a setback for religious freedom in the canton and it is a great disappointment and a source of incomprehension”.

“It demonstrates a secularism that is more oriented towards mistrust of churches than towards openness and a richer social fabric. The court has unfortunately confirmed the decline in religious freedom in the canton of Geneva”.

For the RES, “it is deplorable that religious organisations are treated as suspect a priori, in that they are required to make a commitment to the state in relation to religious events that is not required of other users of the public domain”.

“The state can offer advantages to religious organisations that choose to maintain relations with it, but should in no way be able to restrict the rights of those that do not. The full independence of churches from the state must be the norm”, the RES then said.