Religare   
Religare   

Home > Public space > Spain > 2010-04-30 - Court of administrative litigation of Zaragoza Judgment n. (...)

2010-04-30 - Court of administrative litigation of Zaragoza Judgment n. 156/2010 / Ordinary proceedings n. 379/2009

Public space · Spain · Religious symbol

Removal of a crucifix from a Town Hall

Key facts of the case - The plaintiffs, the MHUL association (Movimiento hacia un Estado Laico – Movement Towards a Laic State), appeal the Decree issued by the President-Major of Zaragoza whereby the following appeals for reversal were dismissed, (i) the appeal for reversal against several articles of the Rules of Ceremonial Protocol, Honours and Distinctions of the Municipality of Zaragoza (Reglamento de Protocolo Ceremonial, Honores y Distinciones del Ayuntamiento de Zaragoza); and (ii) the appeal for reversal against the Decision of the Municipality to keep the crucifix in the plenary room of the Town Hall during the Council’s meetings, as well as any other religious symbols present in rooms and municipal premises in Zaragoza.

Reasoning of the court - The appeal is rejected in full.
Firstly, the Major is not competent to annul the aforementioned Rules, since they are a general disposition approved in a Plenary session by the Corporation.
As regards the petition of the removal of crucifixes, it is also rejected, since the Court understands that there is no current regulation in force which forbids the Municipal Corporation to keep religious symbols, especially when these religious symbols have a relevant historical and artistic significance, as it is the case here, since the crucifix has been in the Town Hall since the 17th century. Furthermore, this matter was brought up in a Plenary session of the Corporation and the decision to keep the crucifix in place was upheld by a large majority.
The plaintiffs’ alleged comparison with the removal of crucifixes in public schools cannot be taken into account, since the situations are different. It is obvious that the presence of a crucifix in the plenary room of the Town Hall does not violate neither the right of parents to their children’ education nor the religious freedom of pupils.