Crucifix in schools never compulsory, confirmed by the Council of State

For some years now, with the increase in students of religious denominations other than Christianity, the display of the crucifix in school classrooms has been a divisive topic.
There are those who believe that it represents a sort of obligation as a symbol of our culture and those who believe that it should always be prohibited so as not to offend the sensitivity of non-Christian students.
But what does the law say about this? To date – as reiterated by the Court of Cassation with sentence no.
24414 of 9 September 2021 which represents a real point of reference for the issue – there is neither an obligation nor a prohibition.
No one can force a class to display the crucifix (not even a judge's order, as underlined by a recent ruling by the Council of State), but at the same time there is no rule that absolutely prohibits it.
So let's see what the law says about the crucifix in schools, for what is a topic that would most likely require a new intervention in order to bring the legislation more in step with the times.
What the legislation says about the crucifix in schools It is Royal Decree no.
965 of 30 April 1924 to include the crucifix among the school furnishings for middle and elementary schools (and it is common opinion that it can also include high schools).
However, with the transition to the Republic, and to a secular state, the rule changed.
Forcing schools to display the crucifix in classrooms, as an expression of a confessional choice, cannot in fact be compatible with the supreme principle of secularism of the Italian State.
A mandatory exhibition would lead to a conflict with the religious pluralism protected by the Constitution, as a public space such as the classroom cannot be occupied by a single religious faith, not even in cases where it is a majority.
In this regard, with sentence no.
24414 of 2021, the Supreme Court explained that Royal Decree 965/1924 must be "interpreted in accordance with the Constitution".
In this regard, it is still possible for schools to display the crucifix, but only after a careful evaluation regarding the possibility that such a decision is representative of everyone's beliefs.
And should there be differing positions, a "reasonable accommodation" could be sought between the parties, for example by evaluating the possibility of displaying the symbols of other religions in addition to the crucifix.
No one can force the display of the crucifix in the classroom.
Neither the headmaster nor the teacher can force the display of the crucifix, especially when "reasonable accommodation" is not sought with the position expressed by dissenting teachers or students.
Consequently, there can be no sanctions for those who refuse to fulfill an illegally imposed obligation.
However, the Court of Cassation also underlined that the display of the crucifix in class, even when attempts are made to impose it, does not in itself constitute a discriminatory act against people of different religious faiths (and for this reason compensation is not due).
A principle that was also the subject of a ruling by the Council of State which in recent days (last March 18th) reached a decision regarding an affair dating back to 14 years ago, when in the small Sardinian town of Mandas the then mayor Umberto Oppus (still in office today) issued an ordinance obliging all schools to display the crucifix in the classroom, under penalty of a fine of 500 euros.
The Council of State, based on the jurisprudence consolidated in recent years, agreed with the Uaar (Union of rationalist atheists and agnostics), reiterating that there can be no impositions, nor sanctions, by the municipal administration as they violate the principle of legality and typicality of administrative measures.
Who decides whether or not to put the crucifix? In summary: the decision must be shared by the whole school, thus referring the task of establishing the directives in this regard to the appropriate collegial bodies (class or institute council), paying attention however to seeking accommodating solutions between the different positions, including the possibility to accompany the crucifix with the symbols of other confessions (where requested by the students or their parents).