Abstract

In this essay the author examines the recent decision by which the IV Section of the Italian Supreme Court of cassation requested the referral of a case concerning the display of the crucifix in a public school classroom. Unlike what happened in other disputes already decided in the past, in this case the appeal comes from a teacher and is based on the violation of his “negativeµ religious freedom; in the light of this peculiarity, the author examines the decision focusing first of all on the right asserted by the applicant, then on the prohibition of discrimination and, finally, on the principle of secularism.