Friday, January 2, 2009 | Reason : Political | print version

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Vatican divorces from Italian law

by BBC

Thanks to Laurent for the link.

Reposted from:
http://news.bbc.co.uk/2/hi/middle_east/7807501.stm

The Vatican City State, the world's smallest sovereign state, has decided to divorce itself from Italian law.

Vatican legal experts say there are too many laws in Italian civil and criminal codes, and that they frequently conflict with Church principles.

With effect from New Year's Day, the Pope has decided that the Vatican will no longer automatically adopt laws passed by the Italian parliament.

All Italian laws will be examined one by one before they are adopted.

Under the Lateran treaties signed exactly 80 years ago between Italy and the Pope, and the Italian Parliamentary system, Italian laws were applied automatically.

Government confession

A senior Vatican Canon lawyer, Monsignor Jose Maria Serrano Ruiz, has gone on record as saying that Italian laws are too many, too unstable and too often conflict with the moral teachings of the Catholic Church.

The reaction from the Italian government has been that from a technical point of view, the Vatican may well be right.

An Italian government minister admitted Italian laws are often badly written and are sometimes difficult to understand.

An Italian parliamentary commission is at present working out how to delete tens of thousands of obsolete laws from Italy's civil code.

The Vatican has also decided to scrutinise international treaties before deciding whether or not to adhere to them.

It has recently refused to approve a United Nations declaration decriminalising homosexuality.

The wording went too far, Vatican officials said, in placing different sexual orientations on the same level.

Some legal observers believe that the Vatican is simply trying to assert its legal independence in cases involving for example, civil unions, divorce, living wills, or euthanasia.

If Italy were to legalise same sex marriages or euthanasia, for example, the Vatican would now be able to refuse to recognise that.

Posted: Friday, January 2, 2009 | Permalink

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1. Comment #310865 by Dr Doctor on January 2, 2009 at 10:05 am

And yet you have pillocks trying to claim that the Pope was only pro-heterosexual and not anti-homosexual.

Any attempt to treat those of one sexual orientation as second class citizens under the law is egregious bigotry.

http://www.guardian.co.uk/commentisfree/andrewbrown/2008/dec/23/religion-catholicism-gay-nature

Being politically devious about it does not dilute the flagrancy of it.

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2. Comment #310867 by Tezcatlipoca on January 2, 2009 at 10:08 am

Time to declare The Vatican as a rogue nation...

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3. Comment #310870 by ty90 on January 2, 2009 at 10:13 am

Product embargo anyone?

Let me see....I will not buy a bible from them, check.

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4. Comment #310872 by Paula Kirby on January 2, 2009 at 10:15 am

Well, the Vatican is a separate state, so I suppose it's free to adopt whichever laws it chooses.

But this raises an interesting question: shouldn't the Vatican be required to decide whether it's running a religion or a state, rather than mixing and matching according to what suits it best? I mean, if it's going to rely on its separate statehood status to decide which laws do and do not apply within its borders, well, ok, fair enough. But surely that should then mean it should abide by the conventions of international statesmanship and not interfere with the internal affairs of OTHER states?

Yet if Britain were to pass a law tomorrow permitting, for example, euthanasia, there is absolutely no doubt that the Vatican would be protesting most vociferously and publicly - and more than that, would be inciting its followers in the British public to rise up and protest against it and at the next election to vote the government out of office. It wouldn't respect our separate statehood and our right to pick and choose our OWN laws one little bit.

Could this possibly be a question of the Catholic church wanting to have its cake and eat it? Suuuuuuuuuuuurely not. The very idea!

Other Comments by Paula Kirby

5. Comment #310874 by liberalartist on January 2, 2009 at 10:19 am

An Italian government minister admitted Italian laws are often badly written and are sometimes difficult to understand.

An Italian parliamentary commission is at present working out how to delete tens of thousands of obsolete laws from Italy's civil code.

I don't think this is their issue...it is the laws that protect women's reproductive rights and and stem cell research, etc. that are a problem for the Vatican. What would they have to do if they didn't have these things to complain about!

I don't really see how this is a problem, who lives in Vatican City besides the Pope and his entourage? Of course, Italy could always take back the city - that would be fun to see!

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6. Comment #310875 by liberalartist on January 2, 2009 at 10:21 am

good point Paula!

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7. Comment #310876 by Baron Scarpia on January 2, 2009 at 10:23 am

My initial reaction to this is that I'm all in favour of this. Italy will continue making laws - and the Vatican will reject them - and the Vatican's laws will grow increasingly divorced from the rest of the world -

Hopefully belong too long the Vatican will end up being the most legally backward nation in the world, an embarrassment to Catholics everywhere. And considering its population consists of only 824 people (according to the CIA World Factbook), the actual effect of its resistance will be almost negligible.

Or am I being too optimistic?

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8. Comment #310877 by Dr Doctor on January 2, 2009 at 10:29 am

I'm afraid you are Baron Scarpia, on the effects that is. As the Vatican already "deports" people it doesn't much like being around into Rome, I expect that before long it will expel tourists and visitors on their usual spurious grounds.

Otherwise, why bother rejecting a statute that does not really get enforced within their state?

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9. Comment #310881 by Baron Scarpia on January 2, 2009 at 10:32 am

before long it will expel tourists and visitors on their usual spurious grounds.

Surely not!

At least, surely not before they've got the tourists to open their wallets for admission fees, restaurant bills, souvenirs, etc, etc...

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10. Comment #310882 by Dr Doctor on January 2, 2009 at 10:34 am

That noise was the sound of a nail being hit on the head.

Anyone else watch "Who has got Gods Millions?" where Lewellyn was thrown out just for asking what the gross income of the Catholic Church was?

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11. Comment #310883 by Tezcatlipoca on January 2, 2009 at 10:37 am

If they are declared a rogue state then do you think we can get any "charities" that contribute to their maintenance shut down(qm) Round up various Cardinals, bishops etc and toss them in Gitmo. It would be amusing to see their assets frozen.

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12. Comment #310885 by rod-the-farmer on January 2, 2009 at 10:40 am

Well, they do have their own dress code, so, their own laws, NOT in synch with those of Italy, I guess that is OK. I am with Paula on the idea that they should stop applying pressure on "real" countries who pass laws about same-sex weddings etc. If they insist on doing that, I vote we ask our respective countries to apply pressure on the vatican to stop them passing laws regarding non-religious topics, like same-sex weddings. That is a societal issue having nothing to do with religion.

Oh, one other thing. Anyone know if the vatican accepted as-promulgated, Italian laws about child abuse ? Or did those get dropped off the list somehow, as "not applicable" ?

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13. Comment #310888 by SOAS on January 2, 2009 at 10:40 am

Am I right in thinking that, as a Catholic you are always answerable to the pope.?

Is this not a perfectly sensible reason for not allowing our UK monarch To be Catholic?
Instead of rescinding this law, I think it should be extended to Cabinet members, cos we then have elected UK politicians that have to act according to the pope.. Or am I just being paranoid?.

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14. Comment #310890 by Dr Doctor on January 2, 2009 at 10:43 am

Worries about papists answering directly to the pope and not to the national interest have long concerned merrie old England.

Frankly, I think it is a valid concern about any zealot and their subservience to a religious leader and not just the idiotic and unashamedly imperialistic Roman Catholics of yesteryear and tomorrowyear.

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15. Comment #310891 by liberalartist on January 2, 2009 at 10:45 am

SOAS, I also think that is a valid concern, afterall, is the US a Bishop said that John Kerry wasn't a real Catholic and Priests have told their congregations not to vote for Obama. They do their best to influence elections and politicians.

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16. Comment #310893 by Quetzalcoatl on January 2, 2009 at 10:47 am

The Vatican a rogue state? Surely a US-led invasion is imminent? After all, the Vatican has a significant stockpile of WMDs: Weapons of Mass Delusion.....

:-)

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17. Comment #310899 by HandyGeek on January 2, 2009 at 11:10 am

Proving even further just how ridiculous religion really is.

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18. Comment #310900 by schmeer on January 2, 2009 at 11:15 am

A senior Vatican Canon lawyer, Monsignor Jose Maria Serrano Ruiz, has gone on record as saying that Italian laws are too many, too unstable and too often conflict with the moral teachings of the Catholic Church.

When asked to compare the Italian laws in question to several recent written works by the Vatican the good Monsignor had this to say:
"Holy shit! We wrote these fucking things'"

Other Comments by schmeer

19. Comment #310901 by Tyler Durden on January 2, 2009 at 11:17 am

The Vatican City State, the world's smallest sovereign state, has decided to divorce itself from Italian law.

Well, it divorced itself from reality a long time ago, so this is no real surprise.

Some legal observers believe that the Vatican is simply trying to assert its legal independence in cases involving for example, civil unions, divorce, living wills, or euthanasia.

Or rational thinking of any sort.

Emperor Constantine would be most pleased.

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20. Comment #310902 by Tyler Durden on January 2, 2009 at 11:20 am

And are all written in bloody Italian :)

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21. Comment #310903 by janosj on January 2, 2009 at 11:20 am

So the Vatican State is allowed to divorce from the Italian State but forbids any other type of legal divorce. Joseph Ratzinger is a Captain - not democratically chosen but machomatically and by selfpromotion - on a ship that will be floating for ever and ever and etcetera, etcetera

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22. Comment #310909 by fsm1965 on January 2, 2009 at 11:37 am

dumb question: is the vatican part of the EU? (I know they want god in the EU's constitution), just wondered whether they were subject to human rights laws.

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23. Comment #310910 by dloubet on January 2, 2009 at 11:40 am

What will the citizens of The Vatican be called? Vaticanites? Vaticanns?

What will the citizenship status be of Catholics in general? Can they all claim dual citizenship?

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24. Comment #310911 by Metch on January 2, 2009 at 11:42 am

Is it just me, or does the pope not obviously look like a crazy, attention seeking, delusional psychopath?

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25. Comment #310912 by Dr Doctor on January 2, 2009 at 11:43 am

he Vatican, covering only 0.44 km2 in the heart of Rome, is the smallest state in the world. It is an independent, sovereign state and not a member of the European Union. Nor does it belong to the Community or its customs territory. The Vatican’s customs rules are based on a 1930 agreement with Italy which exempts the Vatican from all Community duties and taxes. The small amount of goods originating in the Vatican and exported to Italy is exempt from duty and subject to a preferential arrangement.

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26. Comment #310914 by Rodger T on January 2, 2009 at 11:44 am

What will the citizens of The Vatican be called?

Dickheads?

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27. Comment #310916 by Tyler Durden on January 2, 2009 at 11:45 am

Is The Vatican part of the EU?

http://en.wikipedia.org/wiki/European_Union

To join the EU, a country must meet the Copenhagen criteria, defined at the 1993 Copenhagen European Council. These require a stable democracy which respects human rights and the rule of law; a functioning market economy capable of competition within the EU; and the acceptance of the obligations of membership, including EU law. Evaluation of a country's fulfillment of the criteria is the responsibility of the European Council.

"which respects human rights"

So that's a no then!

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28. Comment #310918 by Mayhemm on January 2, 2009 at 11:47 am

I like the rogue nation idea. Bring on the embargoes, economic sanctions, no-fly zones, etc. Might be able to cut off their electricity too. After all, they deny the science that developed it.

That aught to stop their plans for world domination.

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29. Comment #310921 by root2squared on January 2, 2009 at 11:52 am

I'm sure the new laws will mean that anyone working on the Sabbath (Sunday ?) will be put to death, then?

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30. Comment #310922 by Tyler Durden on January 2, 2009 at 11:57 am

I wonder what Italy got in the divorce settlement. Sure hope it took The Vatican for €€€s, it can surely afford it.

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31. Comment #310925 by Rodger T on January 2, 2009 at 11:59 am

The pope fucked Italy, and now he never calls....................................bitch

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32. Comment #310928 by Dr Doctor on January 2, 2009 at 12:05 pm

sola scriptura vs sacred tradition.

The Catholic Church is the forerunner to the EULA.

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33. Comment #310930 by root2squared on January 2, 2009 at 12:10 pm

33. Comment #310926 by Brian English

Ah I see...thank you Brian.

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34. Comment #310932 by Steve Zara on January 2, 2009 at 12:15 pm

Comment #310926 by Brian English

I do find it odd that popes who claim that contraception and homosexuality are unnatural seem to have few qualms about travelling around the world in artificial metal tubes at 35,000 feet.

And the previous pope seemed to have a lustful attraction to runways.

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35. Comment #310933 by sunbeamforjesus on January 2, 2009 at 12:17 pm

I have read through this and normally I try to keep a sense of proportion in my comments.This time,after reading this I can only say FUCK THESE FUCKING PEOPLE,FUCK THEIR FUCKING ARROGANCE AND FUCK THEIR FUCKING FEUHRER.wHEN WILL THE REST OF THE FUCKING WORLD WAKE UP AND BAN THIS FUCKING BULLSHIT!!!!!
I am not proud of this post
BUT FUCK IT I FEEL SICK OF THESE FUCKING PEOPLE!!!

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36. Comment #310934 by Steve Zara on January 2, 2009 at 12:19 pm

Comment #310933 by sunbeamforjesus

BUT FUCK IT I FEEL SICK OF THESE FUCKING PEOPLE!!!

You have my sympathies, but I would be cautious about banning bullshit. Around 1/3 of my posts would be illegal! I think I am a decent person at heart - do you want to see me taken off to jail?

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37. Comment #310936 by Dr Doctor on January 2, 2009 at 12:19 pm

Amongst other happy landings, Steve.

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38. Comment #310938 by Steve Zara on January 2, 2009 at 12:22 pm

Comment #310935 by Brian English

As ever, I contemplate these things at a lower intellectual level than you. I was remembering a Russell Howard joke in which two gay men were snogging in a plane, and a fellow passenger tried to stop them by calling them unnatural, and one turned round and said "mate, you are flying!"

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39. Comment #310944 by sunbeamforjesus on January 2, 2009 at 12:27 pm

steve
I would hate to see you sharing a cell with a priest that Cormac Murphy O'Connor had been unable to protect and I agree bullshit has it's place in the pantheon,but I could not ennunciate my feelings on this topic in any other way,so help me Dog!
so:FUCK THESE FUCKING XTIANS!

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40. Comment #310945 by Don_Quix on January 2, 2009 at 12:28 pm

Excellent! Does this mean we can commence air strikes on the Vatican?

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41. Comment #310949 by Haz849 on January 2, 2009 at 12:30 pm

The Catholic Church have moral teachings now?

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42. Comment #310950 by Steve Zara on January 2, 2009 at 12:30 pm

Comment #310943 by Brian English

I was thinking along the same lines, only in terms of something more devastating like influenza. If the pope supports natural replication, I assume he does not have a flu jab.

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43. Comment #310951 by Steve Zara on January 2, 2009 at 12:31 pm

Comment #310944 by sunbeamforjesus

FUCK THESE FUCKING XTIANS!

Well, OK then. But remember to use contraception.

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44. Comment #310955 by Goldy on January 2, 2009 at 12:36 pm

Why is this news article in the ME section?

On another related note - in today's NZ Herald
http://www.nzherald.co.nz/news-cartoons/news/headlines.cfm?c_id=500814

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45. Comment #310958 by Steve Zara on January 2, 2009 at 12:38 pm

Comment #310953 by Brian English

Man's purpose is to serve God using reason and faith. That requires priests who aren't distracted by the demands of women temptresses and the time spent raising children. Therefore it is just and right that priests should shag each other to keep their lusts at bay and their minds clear to help others worship God.

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46. Comment #310960 by Steve Zara on January 2, 2009 at 12:41 pm

Comment #310959 by Brian English

The children are then made to feel guilty and worthless. To absolve that guilt, they need to serve God by becoming priests.

It works!

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47. Comment #310961 by RascoHeldall on January 2, 2009 at 12:43 pm

The Vatican digs its heels ever further in its quest to stop the march of civilisation.

Hopefully this will at least have the neat side-effect of hastening its descent into utter irrelevance.

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48. Comment #310963 by Goldy on January 2, 2009 at 12:43 pm

Comment #310957 by Brian English
No Brian...and yes. I am God, after all :-)
Mankind has free will which means I have known for all eternity who is going to Hell. I'm a bastard that way :-D

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49. Comment #310964 by Cartomancer on January 2, 2009 at 12:44 pm

Is it just me who has noticed the amusing pun in the title about the vatican seeking a divorce of some kind...?

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50. Comment #310966 by Baron Scarpia on January 2, 2009 at 12:44 pm

Stop! Stop! STOP!

Stop, Brian! I don't want to know any more about the Catholic mind!

Honestly, what is it today? First there's Paula's impersonation of Alistair McGrath making me queasy, now this...

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