Italian atheist sues priest over Jesus' existence
By Eric J. Lyman, Special for USA TODAY January 31, 2006 ROME - An Italian atheist is suing a parish priest for saying Jesus Christ existed. The hearing in a court in Viterbo, a city located in a valley 25 miles northwest of Rome, opened Friday and could take weeks to decide. Luigi Cascioli, 72, a lifelong atheist, is suing the Rev. Enrico Righi, 75, a local parish priest. The case has opened debate here over whether it's appropriate for a civil court to decide matters of religious faith. To some Italians, the case is a sign of growing secularism in their society. "I don't think this belongs in the court, and it never would have got there if the church was held in high esteem, as it used to be," retired Roman teacher Lana Napoli, 62, says. "I don't think I would want the church deciding on taxes or foreign policy," said Federico Massaroti, 35, a city worker in Rome. "Why should the court worry about a religious topic?" Cascioli filed a civil suit against Righi in 2002 citing an Italian anti-fraud law designed to target advertisements that make unrealistic health or beauty claims. Righi wrote in a church newsletter that Jesus was born in Bethlehem to a couple named Mary and Joseph and that he lived in Nazareth. Cascioli's lawsuit claims the statement was an "abuse of popular belief." Wider implications "The court will have to decide whether the statements Father Righi made were indeed fraudulent to decide whether the case has merit," says Antonio Schieppati, a retired director of the law faculty at the University of Rome and a legal consultant. "It has to make a judgment about the existence of Christ. As far as I know, no court has ever been required to do such a thing." In a telephone interview, Cascioli says he chose to name Righi in his suit because he was local, but his case has a wider target. "If Father Enrico Righi is found guilty of all this, it will have clear implications on all levels of the church," he says. "The question isn't who is guilty because if one person is, then many, many people are. The question is whether the case can be proved." Schieppati says that if Cascioli is successful, the church will be forced to use conditional language when writing about some faith-related issues for the public. Even if the suit fails, it may damage the Catholic church's reputation. "This is allowing the church to be sued in court the same way someone who borrows money and doesn't pay it back is sued," Schieppati says. Cascioli's suit is based on several complaints. Among them: . That Righi's parish has profited financially from promoting what Cascioli calls "the fable of Christ's life." . That the church is guilty of "impersonation" by confusing the persona of Jesus with another man named John of Gamala, said to have lived in Israel around the time of Jesus. . That the four Gospels are filled with conflicting and inaccurate evidence about Jesus. Burden of proof The burden is on Cascioli to prove Jesus is a fabrication. Magistrates tried to have the case thrown out on the grounds that no damages could be proved and that there was not enough empirical evidence of Jesus' existence. Cascioli repeatedly challenged that conclusion until Judge Gaetano Mautone in Viterbo agreed to set a court date of Jan. 27. The Vatican has not commented on the case. Righi has declined to be interviewed on the advice of his lawyers. In December, he wrote an article in his parish bulletin that pointed out some of the historical evidence that supports the existence of Jesus. He cites Jewish historian Flavius Josephus, who wrote in 93 A.D. that 31 years earlier, there was an execution of "the brother of Jesus, the so-called Christ, who was called James by name." In the second century, Roman philosophers Pliny the Younger and Tacitus mentioned Jesus' execution. "Cascioli says that Christ never existed," Righi wrote. "If he (Cascioli) doesn't see the sun at midday, he shouldn't denounce me just because I do see it." Cascioli admits he doesn't believe he will win his case at the local level. "I am smart enough to know that a court in a country that is 95% Catholic is never going to rule that Jesus did not exist. It would take a miracle," he jokes. "But maybe this will make people think about the contradictions of what they believe." If he loses, Cascioli says, he will appeal to the European Court of Human Rights, where he feels he has a better chance. He says the church has less power on a European level. [Non-text portions of this message have been removed] -------------------------- Want to discuss this topic? 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