Crucifix: No Public Authority Can Impose Its Display

With 14 votes in favor, as well as the abstention of the opposition, the assembly of the VI Municipality of Rome – which comprises the districts of Tor Bella Monaca, Tor Vergata, and Torre Angela – approved a resolution regarding the display of the crucifix in all the classrooms within the territory’s schools. This measure, which was presented as a ‘cultural and symbolic’ act ultimately raises serious issues in regards to the interference with school autonomy and violation of the constitutional principle of the secular nature of the Italian state.

According to the promoter of the resolution, councilor Gabriele Manzo (Fratelli d’Italia), the crucifix symbolizes a sense of belonging, and ultimately represents universal and shared values. However, what this explanation fails to take into consideration is the fact that within school environments, there is both cultural and religious diversity. Moreover, existing regulations ought to be taken into account, as well.

«The mandatory display of the crucifix – says Irene Tartaglia, leader of the Uaar (Union of Rationalist Atheists and Agnostics) and coordinator of the Rome branch of the association – cannot be imposed neither by municipal institutions nor by the schools themselves, as established by the Italian Court of Cassation. Such imposition is inevitably in clear contrast with the principle of state secularism, which is enshrined within the Italian Constitution. Such a principle’s importance stems from the fact that its purpose is that of guaranteeing religious freedom in both a positive (meaning, practicing one’s chosen religion) and a negative (abstaining from practicing religion) sense».

In this regard, it becomes necessary to recall two cases: the case involving Professor Franco Coppoli, and the legal precedent of the Municipality of Mandas (located in Southern Sardinia). The two aforementioned cases can be regarded as being emblematic cases in the fight for secularism in public spaces. In 2009, Mayor Umberto Oppus attempted to impose the presence of the crucifix in all public offices within his municipality through an ordinance that provided a 500 euro fine in the case of non-compliance.

Due to the appeals presented by the Uaar, the Council of State officially declared that ordinance unlawful in March 2024. In doing so, they recognized that no public authority can impose the display of religious symbols in public spaces without violating two important principles: the principle of pluralism, and the principle of respect for the diversity that is present among citizens for what concerns religious and non-religious beliefs.

«The Mandas case – concludes Irene Tartaglia – was a turning point. Solely a few months ago, the Council of State reaffirmed that it is not possible for a public body to impose the presence of a crucifix in public or common spaces. This was justified in light of the fact that such an imposition can be regarded as a remnant of the fascist period and is no longer compatible with our current legal system».

Press release