SPD stands behind Brosius-Gersdorf: An insane culture war is breaking out!

SPD stands behind Brosius-Gersdorf: An insane culture war is breaking out!

What is brewing in the debate about the appointment of Frauke Brosius-Gersdorf as a judge at the Federal Constitutional Court? There is currently a lot of simmering in the political landscape. The SPD is strongly behind Brosius-Gersdorf, who also serves as a member of a commission on reproductive self-determination and reproductive medicine. While the Union and some church representatives sharply criticize it, the SPD remains steadfast in its support.

In the public discussion, Brosius-Gersdorf is accused of taking an overly liberal stance on abortion regulations. She emphasizes that the full guarantee of human dignity only applies from birth. This position earns her strong reactions. Archbishop Herwig Gössl speaks of a “domestic political scandal” and warns of a threat to the right to life of unborn children. But the SPD parliamentary group leadership counters: “This is a victim of a smear campaign,” explains Matthias Miersch and criticizes the shortened presentation of Brosius-Gersdorf’s statements on abortion. This shows how deep the divisions are in this debate.

A hot potato: abortion and its regulations

Abortion is a controversial issue in Germany that has deep historical roots. Society is divided between two main positions: some see the protection of the embryo or fetus as important, while others emphasize a woman's right to self-determination. Since 1996 there has been a stable legal basis in the form of §§218ff. StGB, which to this day ensures calm in the debate.

The number of abortions in Germany has steadily decreased; from around 130,000 to 100,000 in 2020. Over 96% of abortions occur within the first twelve weeks. Such facts are crucial not only for the women affected, but also for the political discussion about how access to safe abortion can continue to be guaranteed. It is interesting that Section 219a of the Criminal Code, which prohibits advertising for abortions, is repeatedly at the center of debates. The case of doctor Kristina Hänel, for example, has led to this problem being discussed more intensively.

Frauke Brosius-Gersdorf, who has been a professor of public law at the University of Potsdam since October 2021, will be called upon to serve on the commission as an expert on constitutional law and in particular on the regulation of abortions that take place outside the criminal code. Her research focus prepared her well for this task - not least because she had already taught at another university for eleven years.

Political fronts are hardening

The Union has already demanded that the SPD send another candidate into the race. But the SPD is sticking with Brosius-Gersdorf. This political dispute will certainly be brought to a boil before the summer break. The Bundestag has initially postponed the election of new constitutional judges, and the next steps are uncertain.

In this heated atmosphere, the interference of church representatives in political discussions is viewed more and more critically. Miersch attacks the archbishop and describes his point of view as inappropriate. It remains to be seen how these controversies will develop and what role Brosius-Gersdorf will play in future legal development. One thing is certain: the discussion about abortion and reproductive rights will never end.

For a more in-depth look at the topic, it is worth taking a look at current developments in the political landscape and case law. Please visit the articles from Welt, [Uni Potsdam]. bpb.