THE HISTORY:

AS REGARD EUROPE…

The problem of the conflict between temporal and secular powers dates back from the origin of the modern world; in many European countries this issue became paramount from the XVI century, with the spread of the Reformation and the consolidation of national monarchies. In this situation religious power was subject to secular power; in protestant countries in fact the subjects were bound to profess the same religion as their princes (territorialism) and, as to catholic countries, whenever civil power clashed with religious power, the former generally got the upper hand. The state in fact committed itself to protect the church and the catholic religion but , in consistence with the principle that the state was above any other authority on its territory, it in fact prevailed over the church. With the spread of liberal ideas in the XX century this system entered a crisis and a new doctrine, separatism, rose; it was well expressed by Cavour's maxim "free church in a free state". But for the fact that the ecclesiastic authority was to respect the laws of the State, the two powers were to stay independent, the one to deal with spiritual things, the other with secular matters. The Church however didn't like these ideas and did not accept a new role too much linked to spirituality and separated from worldly life. For the Popes of the XX century the best tool to regulate mutual relationships was the Concordate by which civil and religious authorities aimed at an agreement on the basis of equality, where neither part would prevail over the other. In particular, Italy found itself involved in this process that led to striking deals or, better still, “Concordati”, with the Holy See which lies in fact (though the independence of the City of the Vatican is acknowledged) within our national territory.

After the famous episode of the breach at Porta Pia (on the 20th september, 1870), the Popes lost their temporal power for good. Pius IX did not recognize the passing over of Rome to the new Italian State, so preventing relationships between Italy and the Holy See from being established.Therefore the Italian government had to act unilaterally, granting the independence of the Holy See from the Italian State and its religious authority all over the national territory. This approach was inspired by the separatist ideas already mentioned above in the document. The sacredness of the Pope's person was stated, sovereign honours were attributed to him together with the right to keep armed guards; the Pope owned the Vatican palaces, the Lateran, the Chancellery at Castelgandolfo, and could have an embassy; besides, he was given an annual "compensation" in money. Other laws regarding the independence of the Church from the State (e.g. the fact that bishops did not have to take an oath to the King) though sometimes with limitations, were implemented. However these law - the so-called "Guarantees" was strongly opposed by the Pope himself and by a part of the Italian Catholics, who found they limited the freedom of the Church.Only with the “Lateran Treaty”, signed by Benito Mussolini, who was the head of government at that time this problem, called “Roman Question”, was definitively solved. For reasons of political opportunity the Duce was led to pass over his past anticlerical ideas and to research a deal with the Holy See, probably also with the intention of winning its sympathies in favor of Fascism.These deals consisted of three parts:-A treaty to put an end to the difficult Roman Question: the Holy See was to recognize the Italian State and its capital, Rome, while the government was to recognize the State of Vatican City with the Pope at its top;-A financial convention, which provided for the allocation of a big amount of money from the State to the Church;-A Concordate, which regulated the relationship between Church and State.According to it the Vatican was given full statehood; the Catholic Church renounced to meddle in political affairs. This concordate also made the teaching of the catholic religion compulsory in schools (this subject was considered the foundation and the completion of public education). Moreover, the Church had to give a previous communication to the king of the bishops she intended to appoint, before they actually got in charge. The State recognized also the Catholic Action, but both this organisation and the clergy had to stay out of all kind of political activity…

…AND ITALY (BEFORE THE CONSTITUTION)

THE ITALIAN COSTITUTION SAYS: 

“State and catholic church are, each within their own reign, independent and sovereign.” 

In the Constitution our constituents confirmed the order declared with the 1929 deals. Both of the Christian Democracy Party (DC) and the Communist Party converged to this solution, and the latter, with its secretary Togliatti, ended an anticlerical tradition and tried to reach a pacification with the popular catholic forces. This kind of shared solution avoided a separation of the Italian population between Catholics and lays. However to reach that it had been necessary to introduce, among the laws that rule the fundamental principles of the State’s life, a reference to another independent entity’s order and to an external deal, necessarily bilateral. But some Constitutional rules were in contradiction with the contents of the ‘29 Concordate (e.g. in the Constitution is declared the religious freedom and the equality of every citizen in front of the law, without religious distinction, while in the Lateran’s Deals the catholic religion was proclaimed as the only State’s religion). With the passing of time then the spread of democratic principles and ideals and the Church’s new orientation after the second Vatican Council made it necessary to revise the 1929 pacts. On the 18th February, 1984 an agreement was signed to modify them. The Catholic religion is no longer the only one recognized by the State, but both State and Church acknowledge freedom of worship, the teaching of the catholic religion becomes facultative and the State regains control and jurisdiction in matrimonial matters, though religious marriages stay subject to ecclesiastic courts. On the 1st January, 1990 it was stated that direct financing to the church on the part of the State should cease, and the citizens were given the opportunity to “donate” the Church (or other acknowledged organizations) as much as 0.8% of the amount of their income tax.

THE ITALIAN STATE AND THE OTHER CULTS:

In recent years the italian society has become more and more multiethnic, due to the immigration from abroad, and consequently multireligious also. This is evident when simply considering the number of churches and religious movements to which it is possible to donate 0.08% of taxation. Many of these churches have been in Italy for decades, like the methodist, luteran, evangelic churches. In particular, as regards part of the Christian-protestant churches in Italy, on the basis of precise agreement with the state, marriages celebrated with the religious rite are acknowledged by the law, if recorded in the registry office. The same effects of marriage are recognized, after agreements signed in 1987 and 1988, to the Jews belonging to the Union of Italian Jewish Communities, nowadays especially active (together with the Church itself) fighting any form of racism and anti-Semitism. As to the Christian-orthodox communities, besides being smaller than the protestant ones, not all of them recognize the authority of the Metropolite of Italy, who has been seated in Venice since 1991. Beside other Christian communities (Copts, Eritreans) there are in Italy other communities which originated from the Christian religion, such as the Jehova’s Witnesses, who had definitely controversial relationships with the Italian state, because of their opposition to military service and to blood transfusions. Other movements derived from oriental cults (Buddhism) or New Age can also be found in Italy. Last (but not least), a significant muslim presence; muslims are today the second religious community in our country. The most important places of worship and Islamic organizations in Italy are in Rome and Milan.The relationship between this community and the Italian state has sometimes been difficult, because there is no single Islamic institution to represent it on the national territory.