Lift High the Cross? Lautsi v. Italy in American Perspective

Abstract

The European Court of Human Rights has just upheld Italy’s policy of displaying crucifixes in its public school classrooms. In Lautsi v. Italy, an atheistic mother of two public school children challenged this policy, in place since 1924. After losing in the Italian courts, she appealed to the European Court of Human Rights, arguing that the presence of these crucifixes in public schools violated her and her children’s rights to religious freedom and to a secular education guaranteed by the European Convention on Human Rights. On November 3, 2009, an unanimous seven-judge chamber of the European Court held for Ms. Lautsi. On March 18, 2011, the Grand Chamber reversed, and held 15-2 in favor of Italy.

Keywords: Law and Religion, Religious Freedom, Religious Establishment, Church and State, Public Displays of Religion, Religious Symbols, Crosses, Crucifixes, Lautsi v. Italy