By by Jesse Galef -
I don’t know much about Italy’s justice system, but this news story makes me think it deserves more of my attention. Italian Judge Luigi Tosti, an outspoken proponent of separation of church and state, is not allowed to hear cases anymore:
ROME — An official of the watchdog body for Italy’s judiciary says a judge who refused to hear cases because there are crucifixes in the nation’s courtrooms has been effectively barred from continuing in his job.
…
Mancino, [vice president of the self-governing The Superior Council of Magistrates,] says it’s not up to the watchdog body to decide on the merits of Tosti’s opposition to courtroom crucifixes. But Mancino said magistrates removed Tosti from office because he even refused to hear cases in a courtroom where the crucifix had been expressly removed to meet his objections.
He’s like an Italian, secular version of our Roy Moore, the American judge who refused to remove the enormous 10-commandment monument from his courthouse. On first read, I have to say the Council’s decision seems fair, and Tosti gets attention for his cause.
This isn’t the first time I’ve seen Tosti’s name; I remember hearing about him a few years ago. The IHEU started a petition against his conviction in 2006. He was even invited to be a speaker at the 2009 American Atheists convention.
It’s difficult to pursue secular justice in a room filled with religious symbols affecting jurors. But I’m not sure I understand the decision to stop hearing cases. The IHEU release says Tosti’s arrest in 2005 was for refusing to sit in the presence of religious symbols in court. I can understand that one; he shouldn’t be forced to be subjected to them to do his job. He didn’t even attend his trial, since they refused to remove the crucifix in that courtroom. Ballsy.
This recent issue is more a matter of principle – Tosti won’t hear cases until crucifixes are removed from ALL courtrooms, not just his. In my eyes, that shifts things a bit. He can’t claim personal harm so much anymore; he feels that the system as a whole has a problem. Is there no better way to reform the system while still doing his job?
(Story via Religion Clause.)
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One Comment
This is a sticky one. If he believes that the cross is the symbol of a false religion, then why give it such power? By refusing to show up for his own court appearance he could be misinterpreted as fearing being judged in their presence.
He would have been better off having the crosses in his courtroom removed, and dare the judiciary to sue him for it. Throwing a fit and refusing to hear more cases seems to play into the Judiciaries hand, as I imagine the want him off the bench,
The whole thing seems like too little legal stratagizing , and too much theater. Then again, that fits for Italy. Have you ever watched their soccer games?