Hitler announced in March 1933 a distinction in his policy toward politics and morals on the one hand and religion on the other. I offer in evidence Document Number 3387-PS, Exhibit Number USA-566. This is a speech by Hitler to the Reichstag on March 23, 1933, quoted in the Völkischer Beobachter, for March 24, 1933, Page 1, Column 5 of the German newspaper. I quote from this speech:
“While the Government is determined to carry through a political and moral purging of our public life, it is creating and insuring the requisites of a truly religious life. The Government sees in both Christian confessions the factors most important for the maintenance of our Volkstum. It will respect agreements concluded between them and the Länder. However, it expects that its work will meet with like appreciation. The Government will treat all other denominations with objective justice. However, it can never condone that belonging to a certain denomination or to a certain race should be regarded as a license for the commission or toleration of crime. The Government will devote its care to harmony between Church and State.”
Toward the Evangelical churches, the Nazi conspirators proceeded at first with caution, and an appearance of legality. They set up a new constitution of the German Evangelical Church, which introduced the innovation of a single Lutheran Reich Bishop, who assumed all the administrative functions of the old agencies of the churches. I refer to Document Number 3433-PS, the Decree concerning the Constitution of the German Evangelical Church, dated July 14, 1933, appearing in the Reichsgesetzblatt, 1933, Part I, Page 471, and request that the Court take judicial notice of it.
It is too well known to require documentation that the new Reich Bishop, Bishop Müller, heeded the voice of his Nazi masters. One of his first steps was to maneuver the Evangelical Youth Association into the Hitler Jugend under the Defendant Von Schirach in December 1933. In proof of this I refer to Document Number 1458 (a)-PS, already in evidence as part of Document Book D. This is an excerpt from Von Schirach’s book, The Hitler Youth—Idea and Formation.
By 1935 it had become evident that more than persuasion by the Reich Bishop was necessary. Consequently the Nazi conspirators promulgated a number of public laws which, under innocent sounding titles, gradually wove a tight net of state control over all the affairs of the Evangelical churches. We ask that the Court take judicial notice of these laws published in the Reichsgesetzblatt. These may be briefly summarized as follows:
3434-PS, “Law concerning Procedure for Decisions in Legal Affairs of the Evangelical Church,” dated 26 June 1935, signed by Hitler and Frick, appearing in 1935 in Reichsgesetzblatt, Part I, Page 774. This gave the Reich Minister of the Interior, the Defendant Frick, when question was raised in a civil lawsuit, sole authority to determine the validity of measures taken in the Evangelical state churches, or in the German Evangelical Church since May 1, 1933.
3435-PS, “First Ordinance for Execution of the Law concerning Procedure for Decisions in Legal Affairs of the Evangelical Church,” dated July 3, 1935, appearing in 1935 Reichsgesetzblatt, Part I, Page 851. This implemented the earlier law, by setting up an Office for Decisions with three members appointed by the Reich Minister of the Interior.
3466-PS, “Decree to Unite the Competences of Reich and Prussia in Church Affairs,” dated July 16, 1935, signed by Hitler, published in 1935 Reichsgesetzblatt, Part I, Page 1029. This transferred to Reich Minister without Portfolio Kerrl the Church Affairs hitherto handled by the Reich and Prussian Ministries of the Interior and for Science, Education, and Training of the Population.
3436-PS, “Law for the Safeguarding of the German Evangelical Church,” dated 24 September 1935, published in the 1935 Reichsgesetzblatt, Part I, Page 1178, signed by Hitler and the Minister for Church Affairs, Dr. Kerrl. This empowered the Reich Minister of Church Affairs to issue ordinances with binding legal force.
3437-PS, “Fifth Decree for Execution of the Law for the Safeguarding of the German Evangelical Church,” dated 2 December 1935, published in 1935 Reichsgesetzblatt, Part I, Page 1370. This prohibited “Organs of Church Leadership” in the Evangelical churches from filling pastorates, engaging clerical assistants, examining and ordaining candidates of the state churches, visitation, publishing of the banns, and collection and administration of church dues and assessments.