Offenses against the symbols of religions other than the Roman Catholics are not strictly punishable under the Italian Penal Code, while such insults against Catholicism are severely punishable as offenses against the “religion of the State,” the highest court here ruled today.
The ruling was handed down by the Constitutional Court upon an appeal for an advisory opinion filed by Judge Martina Franca, a minor judicial officer in a small town in southern Italy. Judge Franca asked the high court to decide whether the Penal Code does not violate the Italian Constitution which provides that “all religions are equally free in face of the law.” The Code, on the other hand, spells out specific penalties for those who “publicly offend with curses or insulting words the Divinity or the symbols worshipped by the religion of the State.”
In today’s ruling, the Constitutional Court agreed that penalties may be imposed for offenses against clergymen of religions other than Catholics However, the high court decided, special protection must be given Catholicism because “it is the religion of the overwhelming majority of the population.”
JTA has documented Jewish history in real-time for over a century. Keep our journalism strong by joining us in supporting independent, award-winning reporting.
The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
