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Italian town in turmoil after far-right mayor bans Muslim prayers
(www.theguardian.com)
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this post was submitted on 18 Feb 2024
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Yeah that was gonna be my question: does Italy not have any legal mechanism in place that would be the functional equivalent of the US's supremacy clause?
Like...not saying shit like this isn't attempted all the time in deeply conservative areas of the US, but in most cases where the far right leadership has even a shred of strategic thinking, they often don't even attempt to pass or enforce laws like this because it'll trigger immediate challenge in the courts, the challenge will be 100% taken up and the decision will come down against them (since even in a conservative court, the only thing they hate more than ruling in favor of "liberal" causes is any ruling that would limit the court's power in the future), and at that point there's a permanent legal precedent in the books, against the repression they'd like to carry out.
That’s exactly the same in Italy, freedom of religion is constitutionally protected. So either there’s something the article is not reporting, ie they are forbidding praying on the pavements of the street blocking the pedestrian circulation (which I promise you does happen), or the ban will simply be vetoed by the court.
Normally these things are about the call to prayer, not the actual praying. This does seem to be being reported as the actual praying though.
Public praying in areas which cause obstruction could potentially be justified under the public safety exception of the ECHR.
If only there was a way to find out.