The Federal Court pins down a St. Gallen Catholic school – Swiss Catholic Portal

The Catholic girls’ school St. Katharina in Wil, in the canton of St. Gallen, is not run in accordance with the Constitution. This is the verdict pronounced on January 17, 2025 by the Federal Court. The court ruled that the establishment discriminated against boys and lacked religious neutrality.

Barbara Ludwig, kath.ch / translation and adaptation: Raphaël Zbinden

A school funded by taxpayers’ money must not discriminate against gender or religion. This was decided by the Federal Court after a public hearing concerning the Catholic girls’ school St Katharina in Wil, reports the Zurich newspaper Daily Gazette. According to Switzerland’s highest legal body, public schools reserved only for girls or boys are discriminatory. They further violate religious neutrality when they are too strongly focused on a particular religion.

Service contract and subsidies

“Kathi”, as it is commonly called, is certainly a private school, but it is recognized by the State. It thus benefits from a service contract with the municipality of Wil, and education is provided free of charge to young girls from the municipality. As the school works on a public mandate and receives subsidies, the Federal Court ruled that the constitutional principles governing public schools in Switzerland also applied to the “Kathi”, relays the Neue Zürcher Zeitung (NZZ). Important parts of the contract between the establishment and the municipality would therefore no longer be valid.

The former school of the convent of St Katharina, now supported by a foundation, has been controversial since the 1990s. The conflict has entered a legal phase since 2016.

Religious neutrality in question

The plaintiffs are the Green politician Sebastian Koller as well as the Young Greens from Wil-Fürstenland. They criticized gender separation at the school, saying it discriminated against boys – a point they have now won in the Federal Court. They also denounced the fact that religious activities violated the obligation of neutrality in this matter. In this school for girls in the secondary cycle, all students participate in what are called “values ​​formation activities”. These include pilgrimages, religious services, meditations and trips to Assisi.

Federal judge Marianne Ryter agreed with Sebastian Koller’s appeal on this issue, indicates the Daily Gazette. According to the magistrate, the school curriculum is so steeped in religious activities that young girls must almost completely absent themselves from classes if they want to escape them. Another federal judge, Julia Hänni, and her colleague Matthias Kradolfer, however, looked at things from a different angle, arguing mainly on the voluntary nature of school attendance. The municipality does not force anyone to attend “Kathi”, although the school is open to students of all religions.

After three hours of discussion, the panel of five judges decided, by three votes, to accept the appeal of two members of the Green party, reports the St. Galler Tagblatt. The judgment of the administrative court of St. Gall and the 2016 schooling contract are thus annulled. (cath.ch/kath/bal/rz)

“We do not rule out examining new forms of schooling”
The decision of the Federal Court “is very surprising for us, because it calls into question the history of our school, which is more than 200 years old,” Roman Gehrer, member of the board of the foundation of the Federal Court, told kath.ch. St Katharina’s School. The Council will now meet to analyze the situation and consider possible steps. Firstly, you have to wait for the legal decision to be filed in writing. The Council will also seek to contact representatives of the municipality of Wil to discuss the consequences of the judgment. “We do not rule out examining possible new forms of schooling,” said Roman Gehrer. However, the current operation of the school is not affected and will continue as such until further notice. BAL