“In the law 7 illiberal points” – Corriere.it

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Seventy associations, mainly Catholic (but not only) and operating in very different fields, have sent an “open” letter to the Senators of the Republic on 7 points of the Zan Bill considered “illberal”. The document begins thus: “Dear Senators, we are citizens engaged in about seventy non-profit associations, active in the fields of culture, justice, training, integration, social, family and health solidarity as well as international cooperation , educated to respect the absolute dignity of each person, whatever their conditions and specific traits. Aware of the role of representatives of the nation that article 67 of the Constitution assigns to you, we appeal to you to ensure that the principles of secular statehood and respect for constitutional constraints are really declined during the work on the 2005 Legislative Decree (the so-called Zan Ddl), recently evoked by the Prime Minister in his speech in the Hall of Palazzo Madama on 23 June last ».

The crux of the secular state

About the first major theme, the secular nature of the state and the freedom of science and research, the 70 associations observe: “It seems to us that never – in republican history – did the Legislator choose one of the various philosophical and anthropological theories present in society, which is the so-called “Gender” or the perceived identification of one’s own sex, which proposes a vision according to which the “subjective” totally prevails over the “objective” and the real datum has no value, to the point of reaching the radical theory of sexual indifference. But if the highest public authority, the Parliament, “chooses” a specific anthropological and ethical vision (see art. 1, paragraph 1, letter ‘d’, ddl 2005 AS), then it undermines the current nature of “Secular state” of the Italian Republic, breaking the most essential core of the “inviolable rights” referred to in art. 2 of the Constitution, which cannot tolerate an imposition on the existential convictions of each person “.


The excessive will to define gender, identity and orientations

The second aspect made present by the 70 associations is what comes from the associations is perceived as a forcing: «On the other hand, the same art. 1 of the 2005 bill imposes what “sex”, “sexual orientation” and “gender identity” are, thus blatantly violating art. 33 of the Constitution, which, on the contrary, wants science and its teaching to be “free” ».

The claim to impose a univocal vision on the people

Another aspect that the associations stigmatize is «The claim to impose an ideological choice on the people through unprecedented criminal and educational tools, irreconcilable with priority constitutional values. “The art. 2 of the law decree 2005 provides, among other things, new crimes with sentences of up to one and a half years of imprisonment for those who “instigate to commit or commit acts of discrimination for reasons based on sexual orientation or gender identity” (art . 2, paragraph 1, letter a). But if the unjust behaviors (violence, defamation, bullying, bullying, etc.) are already crimes, what penal space will the new “instigation to discriminate” have? What boundaries will the new crime actually have if it is also parameterized to totally subjective notions such as gender? Indeterminate and indefinite boundaries, inconsistent with the mandatory principle of art. 25 of the Constitution and which will overlap, criminalizing it, only with dissent towards this ideology. The resulting contrast with “the right to freely express one’s thoughts” sanctioned by art. 21 of the Constitution is, unfortunately, very evident ».

The danger of criminalizing dissent

To this consideration the associations follow another, logically consequent. “It is not enough. It will also be a crime to participate in “associations or groups” that have among their purposes a generic “incitement to discrimination” for “reasons based on sexual orientation or gender identity” (Article 2, paragraph 1, lett. c). Therefore, any criticism of merit on associative purposes may be tinged with a penalty: the association may be the recipient of preventive wiretapping, may be blocked and its members sent to the Public Prosecutor’s Office, thus severely restricting the right of citizens to “associate freely” desired by art. . 18 of the Constitution “.

The ethical-educational intent that becomes ideology

The open letter underlines the “ideological” character of the Zan Bill. «The ethical-re-educational intent underlying the choice of the criminal instrument, typical of other regimes, is unequivocal in art. 5, where it is envisaged that in the event of a conviction even for “incitement to discrimination” (aka dissent …) there may be ancillary sanctions such as an inexplicable ban on political activity for three years (despite the favor of democratic participation in art. 49 of the Constitution), as well as the unprecedented obligation to serve in the same LGBT associations whose philosophy was not shared “.

The “idea saving clause”

Come fourth point “Illiberal” the document of the 70 associations mentions the “so-called” save ideas “clause (art. 4)”, which “is absolutely not useful in avoiding such illiberal outcomes: it, on the contrary, reduces the even recognized constitutional right to free” convictions ”And to“ legitimate opinions and conduct ”, subjecting him to an obscure condition:“ legitimate ”opinions and conduct would no longer be such if“ capable of determining a – not better specified – concrete danger of carrying out discriminatory acts ”. In short, the whole structure of the text in question leads to putting back in the hands of the Criminal Prosecutors the scrutiny of manifestations of thought and associative bonds, which will open a season of accusations and social hatred, with evident horizontal effects of deterrence on free expression and on the organization of citizens into intermediate bodies “.

The day dedicated to “gender”

The fifth joint considered deemed illiberal, it is identified in another passage of the Zan Ddl: “The same” ethical “tone connotes article 7, which, through the introduction of the national day also dedicated to” gender “, would make it mandatory, in every school of every order and degree, the teaching of this ideology even to the smallest and most defenseless and this also against the opinion of parents, who are the only ones who have the “right” to the education of their children, recognized by art. 30 of the Constitution “.

The full freedom of teaching of independent schools

In this sense – and it is the sixth criticism of the letter a to the senators – «Art. 7 of the Constitution, which refers to the Concordat where, in art. 9, “full freedom” is ensured for equal schools, which would instead be compromised at the root of the educational system ». The conclusion of the document is clear: “There are many voices that have been raised and are being raised on the proposal of the Zan Bill from Italian society, from its most diverse cultures, such as reformist, progressive, feminist, radical, conservative, liberal and Catholic . These voices in unison, albeit from different perspectives, ask to avert the illiberal effects that we have allowed ourselves to synthesize, effects that have nothing to do with the fight against homophobia. We are confident that the Senate will be able to best interpret the role of upper house that the Constitution assigns to this branch of Parliament, as the highest guarantee of the highest democratic values ​​and the common good for Italian society. For this reason we also urgently ask for a meeting with the Group Leader Conference of the Senate of the Republic ».

The signatories

The document was signed by: Catholic Alliance, Friends of Lazzaro Association, Article 26 Association, Blue Heart Association, Ass. Looking for Your Face, Collatio.it, Convergenza Cristiana Association, Building Together Association, Cultural Association Zammeru Masil, Ass. Defending life with Maria, Ass. Donum Vitae, Ass. Being there, Ass. Ethics & Democracy, Ass. FamigliaSI, Ass. Family Day-Let’s Defend Our Children, Ass. Il Crocevia, Aippc – Ass. Italiana Catholic Psychologists and Psychiatrists, The Tree Association, Liberi e Forti Association, Italian Catholic Medical Associations, New Generation Association, National Association Pier Giorgio Frassati, Ass. Nonni 2.0, Ass. Do not touch the family, Ass. Politics together, Ass. Cultural project, Ass. Proposals for Rome, Ass. Pro Vita & Famiglia, Ass. Generazione Famiglia, Ass. Roots, Ass. Popular Network, Awakening Association, Padana Humanitarian Association, Vita Nuova Association – Italia Insieme Network, Vivere Salendo Association, Opera Baldo Voluntary Association, Avvocatura In Missione, National Autonomous Professional Association (ANAPS), Consecrated Life Association for Lombardy (AVCL), A.Ge. LAZIO, Blog by Sabino Paciolla, National Center for Community Economics (CNEC), Italian Center for Promotion and Assistance for the Family, John Paul II International Center and for the Social Magisterium of the Church, Livatino Study Center, Circoli Insieme, SALE Committee for social doctrine, Civilization of Love, Commissioner Lazio Academy of Health Art History, Pope John XXIII Community, International Confederation of Clergy, Italian Conference of Major Superiors (CISM), CulturaCattolica.it, De Gasperi Foundation, Fiorentino Sullo Foundation, Forum Culture Peace and Life Ets, Forum of Social and Health Associations, Jurists for Life, Il Popolo della Famiglia, International Family News, GRU – Human Resistance Groups, The House of Rights, Movimento Cristiano Lavoratori – MCL, Movement for: Politics, Ethics, Responsibility, Movement for Life, Queen of Love Movement, Bioethics Observatory of Siena, Parliamentary Observatory “Vera lex?”, Observatory for Education in Cesena, Presidency of the Scientific Committee of the Fiorentino Sullo Foundation, Presidency of the UCID Scientific Committee, Honorary Presidency of the Italian Society of Bioethics and Ethics Committees, Free to Educate Network, School of Catholic Culture, Steadfast Onlus.

July 2, 2021 (change July 2, 2021 | 20:03)

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