A woman from Nijmegen had requested an identity card and a driver's license with passport photos in which she has a colander on her head. According to her, the colander is a sacred symbol of Pastafarianism, a social movement claimed by its adherents to be a religion "as much as any other."

The mayor of Nijmegen refused to provide the requested documents because the head of the woman was covered in the passport photos, meaning they did not meet the legal requirements.

A religion?

The Council of State had to decide whether Pastafarianism is a religion. It is possible to request an official document with a passport photo on which the head is covered if the applicant can demonstrate that religious reasons demand it. In the opinion of the Council of State, this was not the case here.

According to the Council of State, the satirical element of Pastafarianism dominates to such an extent that this movement does not meet the criteria of "persuasiveness, seriousness, coherence and importance." These criteria were formulated by the European Court of Human Rights and qualify whether a set of views can be regarded as a religion. In particular, Pastafarianism lacks the required seriousness and coherence, and therefore cannot be regarded as a religion.

The Council of State recognizes the importance of expressing satirical criticsm of religious dogmas and institutions, but said that such criticism, even though it relates to religion, cannot in itself be regarded as a philosophy that is protected by the freedom of religion.

What is Pastafarianism?

Pastafarians argue that the world was created by an invisible flying spaghetti monster. This deity, according to the stories, gave ten stone tablets to Mosey, the first pirate, who accidentally broke two tablets. As such, Pastafarianism came to eight central commandments, which can be found in texts such as The Old Pastament. This and other texts and customs of Pastafarianism are parodies of elements of Christianity and contain many satirical puns.

The founder of the movement described the flying spaghetti monster in his protest against the intention to present "intelligent design" as an equivalent alternative to evolution theory in American schools. According to the founder, Pastafarianism should also be taught.