Equal under the law, unless...

RNW, 19 July 2011, by Angelo van Schaik

 (Photo: Angelo van Schaik)

             

“Italy is just a Vatican colony," says Luigi Tosti, an Italian judge who was fired for removing a crucifix from his courtroom in the Marche region.

In 2003, Mr Tosti took down the crucifix in his courtroom and refused to hold any sittings in a court with a crucifix on the wall. The move cost him his job. After almost a decade long legal battle, Mr Tosti has appealed to the European Court of Human Rights in Strasbourg.

The judge's refusal to preside in a courtroom with a crucifix had enormous consequences: he lost his job, his pension rights, and he was sentenced to 5 months in prison after being convicted of ‘damaging state property’.

“It's the law”

Dutch Euro parliamentarian Sophie in 't Veld invited the former judge to Brussels to tell his story to fellow Euro MPs and journalists. In a large room in the European Parliament building, Mr Tosti addressed the group.

“I've been fighting this case for eight years; I don't receive a salary and because I was fired, I lost my pension rights. The economic damage is enormous and I can't even begin to tell you about the moral, emotional and physical damage."

When Mr Tosti removed the crucifix eight years ago, it was hanging over the words ‘everyone is equal in the eyes of the law’ (La legge è uguale per tutti). The clerk of the court replaced the crucifix, informing Judge Tosti that Italian law mandated that a crucifix be hung in every courtroom.

Menorah

After researching the matter and discovering that a crucifix was only mandated by a 1926 circular issued by the fascist dictator Benito Mussolini, the then-judge again removed the crucifix. A reprimand followed. He then hung a menorah (a seven-branched candelabrum used in the Jewish rite) next to the crucifix. He was fired.

Mr Tosti contested his dismissal; as a result he was offered a courtroom without a crucifix on the wall. He refused.

“I don't want to work in a ghetto; it infringes on my right to freedom of religion as it makes it crystal clear that I am a nonbeliever."

The judge continued his legal battle all the way to the Italian Court of Cassation but lost in every instance. Although the court ruled that Mr Tosti was right in principle – the presence of a crucifix in the courtroom infringed on his freedom of religion – he should have accepted the opportunity to work in a court without a crucifix and therefore his dismissal was legal.

Symbols on the wall

Mr Tosti says that as a non-Catholic, he feels like a second-class citizen in Italy:

“This ruling shows that the Italian government regards Catholics as a worth more than non-Catholics. A circular issued by a fascist dictator is enough to put a crucifix on the wall of every courtroom, but parliament would have to create a special law in order to allow someone to put another symbol on the wall."

The vast majority of non-Catholics in Italy, including Protestants, Muslims, atheists and agnostics, support Mr Tosti's fight. They all have the same problem with the power and privileges enjoyed by the Catholic Church in Italy.

Binding on us all

“Freedom of religion and freedom of conscience are in jeopardy here," says Euro MP in 't Veld, adding, “it's not just about Mr Tosti or the situation in Italy because a ruling by the Human Rights Court in Strasbourg is binding throughout Europe."

But it will be a while before Mr Tosti's appeal is heard; the ECHR has a long waiting list.

Related Article:

Berlusconi Underage Prostitution Trial Won't Be Moved To Rome

Irish summon Vatican diplomat over abuse cover-up

Philadelphia Cardinal Rigali resigns after abuse probe