The abortion debate in Germany has reached a critical juncture. On July 11, the last day before the parliamentary summer recess, the Bundestag intended to appoint three new judges to the Bundesverfassungsgericht, the Federal Constitutional Court. But the usually routine procedure of appointing judges failed spectacularly. One of the nominees, Frauke Brosius-Gersdorf, was known for being vocal about wanting to further liberalize abortion laws. As a result, a majority of the Christian Democratic Union (CDU) removed their support, and Brosius-Gersdorf withdrew her candidacy after considerable resistance.
Since 1995, abortion in Germany is technically unlawful but not punishable if it takes place within the first twelve weeks after conception. In various legal opinions, Brosius-Gersdorf has claimed that, unlike newborns, fetuses do not possess human dignity. In a 2024 essay, she wrote: “The assumption that human dignity applies wherever human life exists is a biological-naturalistic fallacy. Human dignity and the protection of life are legally decoupled.” In other words, she believes that fetuses are not subject to state protection of human dignity under Article 1 of the Constitutional Law. In her view, there is much to suggest “that human dignity only applies from birth.” From this perspective, nothing would prevent abortion from being legal up until birth.
In the Bundestag debate on July 9, Beatrix von Storch of the opposition AfD (Alternative for Germany) asked Chancellor Friedrich Merz if he could reconcile his conscience with voting for Brosius-Gersdorf, who “said that a child who is 9 months old does not have human dignity two minutes before birth.” After a brief detour, Merz was pleased to provide a “simple answer” to the question: “Yes.” The chancellor hoped to appear dashing. Instead, he sparked outrage.
There are around 100,000 abortions per year in Germany. The issue has been hotly contested for decades. But for a chancellor to essentially endorse the position of abortion up until birth marks a significant shift. Merz received very little applause. Many members of the CDU, Merz’s own party, were shocked by his response. After all, the CDU’s party program explicitly recognizes the “inviolable dignity of human beings in every phase of their development.” It was rightly seen as outrageous for a CDU politician to suddenly take the opposite position.
Brosius-Gersdorf also holds radical positions on other issues such as compulsory vaccination, inheritance law, female quotas, and a future ban on the AfD, which is becoming more and more likely these days—depending decisively on the Bundesverfassungsgericht. And she wasn’t the only nominee to hold such positions. Members of the Bundestag seem to have realized that they are in danger of being overpowered by politicized jurisprudence, since no legislative measures can override a ruling from the Federal Constitutional Court.
Other factors were at work in this affair. Right-wing media has become more popular in recent years. Pro-life activists, critics of coronavirus measures, and the male-dominated youth organization of the CDU—the Junge Union—are well-organized. Some bishops have also spoken out in favor of the right to life. As pressure mounted, the left-wing power machine, which is used to getting everything it demands, began to falter.
Two days before the vote, it was clear that too many CDU members would refuse to approve the slate of judges. The vote was canceled. But the Social Democrats (SPD) did not withdraw its nominees, and Merz acted as if nothing unusual had happened. Nevertheless, the political reality was clear. Brosius-Gersdorf withdrew herself from consideration on August 7 and broke the stalemate.
I am grateful to Merz for his cocky remarks. Thanks to his frivolity, the rank-and-file members of the CDU finally refused to serve the hostile policies of the Green and Left parties. Just as Judas Iscariot played a role in God’s plan of salvation, Merz’s betrayal of the CDU’s most precious commitment, in full view of everyone, did some good. It was a moment of much-needed clarity.
Two days after the canceled vote, Catholic duchess Gloria von Thurn und Taxis said on the right-wing radio station Kontrafunk:
Sacrificing our unborn children is ultimately a sacrament for Satan. In the Catholic Church, we say that the devil mimics the Church. Just as Holy Communion is the sacrament of salvation, so the killing of our own offspring is the sacrament of self-destruction. The devil even mimics the holy words, “This is my body, which is given for you.” When evil is reflected in good, it therefore becomes “This is my body, my choice.”
Recent events have shown that evil’s seductive power need not be absolute. There is a path back to moral sanity, even by betrayal.
Image by Heute.at, licensed via Creative Commons. Image Cropped.
