No State Funding for Enemies of the Constitution: Berlin's New Proposal

Berlin's Senator for Justice, Felor Badenberg (CDU), is advocating for a constitutional loyalty test tied to the distribution of cultural funding. Badenberg argues that taxpayers' money should not support groups that oppose the Basic Law, including anti-Semitic, racist, extremist, or Islamist organizations. Her proposal includes a new regulation in Berlin's state budget to ensure grants are only approved if recipients do not engage in anti-constitutional activities. This would involve consulting the Office for the Protection of the Constitution for any existing information on applicants with suspected extremist ties.

While Berlin pushes forward with this plan, other states like Hesse are not following suit. Hesse's Culture Minister Timon Gremmels (SPD) clarified that they do not plan to implement a blanket constitutionality check for artists. Instead, they are reviewing funding instruments to prevent support for projects with anti-Semitic or unconstitutional goals, in line with a joint declaration by the Conference of Culture Ministers and other bodies.

Previously, Berlin's attempt to introduce an anti-Semitism clause, based on the International Holocaust Remembrance Alliance's definition, was abandoned due to criticism. Lower Saxony and Hesse, however, already require public funding applicants to declare their opposition to anti-Semitism and racism.

Badenberg's proposal seeks a nationwide application beyond the cultural sector to ensure a standardized approach across departments when awarding state funds, preventing any form of support for anti-constitutional behavior.