The Detroit tribune. (Detroit, Mich.) 1935-1966, 1954-02-13
Italian Verdict Aids Freedom OF
Worship
By MARIO ROSSG
The following article is reprinted from the
Christian Science Mon.torl


Written for The Christian Science Monitor
Italian liberals have important round in their
struggle for freedom of religion
Itays highest the Court Of Cessation, has up
held, in significant ruling, the right OF every citizen to
worship according to his religious faith
Displeasure the ruling, however has been strongly
voiced in Roman Catholic circles these maintain
that the Italian Constitution recognizes the equal rights
of all citizens irrespective Of religious beliefs but the
equality of all religions before the Prior he
dict this point had been reiterated by Csia CaItoca,
influential organ of the Jesuiss.
Leading to the important court ruling appar
emily insignificant incident that occurred time ago
Teano Caserta, in southern Italy.
Eight persons had gathered private house for the
purpose of worshppng according The rites Of the Pente
costal Church Thereupon, the ocsl district attorney
charged them with unlawful gathering
DEFENDANTS ACQUITTED
The indictment based Fascist Law Of 935
which declared Pentecosal contrary the
social order and harmful the physical and psychic in
egrity of the race" Pentccostas claim afila,ion Of
approximately 10000 in Italy
The case was brought before The local judge. The
defense held that the Fascist law longer applied The
prosecutor maintained, the other hand, that the de-
PENDANTS should have asked for police permit prior
holding private religious celebrations The Judge agreed
with the defense and acquitted the defendants.
Too many interests involved in this let
stop there and the decision challenged before Itays
highest court
In its appeal the Court Of Cessation, the govern
held that under the Lateran Pact of 929
between Italy and the Vatican all laws pertaining
gious worship issued after that date have remained in
force.
The defense argued that under Article Il Of the Con
stituon Italian citizens enjoyed full freedom Of worship
and that all previous laws limiting such freedom be
considered longer in force. The Court Of Cessation
endorsed this thesis through its ruling.
FARREACHING IMPLICATIONS
The ruling may have far-reaohng implications In
opposing religious equality, the Roman Catholics had
ferred only the Lateran Pacts but the laws limit
ing religious freedom enacted under Fascsm. Italian
Protestants had counered by invoking the RIGHT
plete religious equality recognized in the Constitution
But subtle legal argument had hitherto defeated their
purposes.
The Constitution provides that past laws have to be
brought harmony with the spirit and the letter of
alys basic The revision should have been done
before the end of 194S but not This failure gave
rise point long disputed among jurists Can law be
considered valid it contradcss specific constitutional pro
visions but has been specifically repealed amended
The Christian Democratic Party held that it did, and
acted accordingly Fascist laws limiting the freedom Of
Protestant denominations suited The parys purposes
well that revision undertaken.
Now, however, Roman Catholics may have to review
their past policies. The implication Of the courts ruling
that Constitution is above ordinary laws in demo-
cratic country with the judiciary not intended TO
the purposes of particular political party.