Catholic Instruction Case

Constitutional Case No. 203/1989

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Catholic Instruction Case

Italy Constitutional Court
Constitutional Case No. 203/1989

Facts

Article 9, Clause 2 of the Law of March 25, 1985, n. 121 ratified a treaty between Italy and the Holy See guaranteed instructions of Catholicism in Italian schools. The provisions permitted students to affirmatively opt out of such instruction. The Magistrate of Florence referred a constitutional question as to Article 9, Clause 2 of the Law of March 25, 1985, n. 121 to the Italy Constitutional Court. In the referral, the magistrate asserted that the provisions discriminated against students who did not opt into Catholic instruction in school. The magistrate argued that because the law required students to receive such instructions, the law required students to affirmatively opt out of this instruction rather than allowing them to opt into such instruction.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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