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Legal Commentary

: Althouse

"The European Court of Human Rights has just upheld Italy's policy of displaying crucifixes in its public school classrooms."

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John Witte Jr. writes about the 15-2 decision in Lautsi v. Italy:
The Court stated clearly that the crucifix is a religious symbol, that atheism is a protected religious belief and that public schools must be religiously neutral. But the Court held that a "passive display" of a crucifix in a public school classroom was no violation of religious freedom ? particularly when students of all faiths were welcome in public schools and free to wear their own religious symbols. The Court held further that Italy's policy of displaying only the crucifix was no violation of religious neutrality, but an acceptable reflection of its majoritarian Catholic culture....
This is much more accommodating to government religious expression in public schools than U.S. constitutional law is, but Witte notes 6 similarities:
First, tradition counts in these cases....

Second, religious symbols often have redeeming cultural value.

Third, local values deserve some deference...

Fourth, religious freedom does not require the secularization of society...

Fifth, religious freedom does not give a minority a heckler's veto over majoritarian policies....

Finally, religious symbolism cases are serious business...
Rich detail on each of the six points, so go to the link. Witte has a definite point of view, as he shows by referring giving "a minority a heckler's veto." The actual U.S. Supreme Court cases express concern about children feeling like outsiders.

Full post as published by Althouse on March 28, 2011 (boomark / email).

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