The Civil Chamber I of the Supreme Court has upheld the appeal brought by the Brotherhood of the Pontifical, Royal and Venerable Slavery of the Holy Christ of La Laguna Against the ruling of the Court of Santa Cruz de Tenerife, which agreed with Teresa Laborda, who for nearly 20 years has led, along with other women, the fight to be part of this emblematic brotherhood.
Thus, it should be remembered that the Court, and previously the Court of First Instance number 2 of Santa Cruz de Tenerife, declared the nullity of article 1 of the Statutes of the brotherhood, where it speaks of “religious association of gentlemen”, considering that the exclusion of women as members violated the fundamental rights of equality, non-discrimination based on sex and association.
However, the Supreme Court has now examined the conflict that occurs in this case between the self-organizing autonomy implicit in the right of association and religious freedom of the defendant association, and the plaintiff’s right to associate in relation to the principle of non-discrimination by reason of sex, collects Europa Press.
The Chamber recalls, in a sentence made public yesterday, but dated December 23, that the Slavery of the Holy Christ, formed only by men since 1659, is an association constituted in accordance with canon law with an exclusively religious purpose, and highlights that the essential or core content of the right of association includes both the right to associate and to establish one’s own organization, which, in turn, extends to statutory regulation of the causes and the procedure for the admission and expulsion of partners.
Likewise, the magistrates indicate that, according to constitutional doctrine, although article 53.1 of the Constitution only expressly establishes that fundamental rights (including the principle of equality) bind the public powers, this does not imply an exclusion absolute of other possible recipients, but it is an application “with a different degree of intensity”, since “in the field of private relationships […] Fundamental rights and, among them, the principle of equality, must be applied in a nuanced way, since they must be made compatible with other values or parameters that have their ultimate origin in the principle of the autonomy of the will, and that are manifested through the rights and duties that arise from the contractual relationship created by the parties or from the corresponding legal situation “, according to the ruling of the Constitutional Court 177/1988, which the Supreme Court cites.
Thus, it adds that it should be taken into account whether it is private associations that hold a privileged position or dominance in the economic, social or professional field, in which the decision of the association not to admit the incorporation of a partner can generate in the affected a significant and unjustified damage.
In this area, the ruling indicates that the defendant association cannot be classified as a dominant association because “its activities and purposes are strictly and exclusively religious”, therefore unrelated to any economic, professional or labor connotation.
Along these lines, the Supreme Court continues, its public and festive demonstrations, translated into processional acts, also have an unequivocal religious character, and are protected by the fundamental right to freedom of religion and worship (Article 16 of the Constitution), which includes the right of everyone to practice acts of worship, commemorate their religious festivals, and gather or demonstrate publicly for religious purposes.
In addition, the magistrates add, in view of the facts recorded in the proceedings, “neither is there a monopoly or exclusivity situation in the organization of the processional activities of Holy Week and other acts of worship by the Slavery of the Holy Christ , which is one of the various existing brotherhoods and brotherhoods based in La Laguna, as there is no canonical impediment to promote the constitution of new brotherhoods, with the same spiritual and religious purposes, made up of men and women or only women ” , as affirmed by the diocesan bishop and it results from the Decree of the Archbishopric of Seville invoked by the applicant.
Likewise, the judgment recalls that the European Convention on Human Rights and Fundamental Freedoms, of 1950, also recognizes the right of everyone to religious freedom and free manifestation, which “cannot be subject to more restrictions than those provided for by the law, constitute necessary measures, in a democratic society, for public safety, the protection of public order, health or morals, or the protection of the rights or freedoms of others ”.
The Court also recalls that, except in very exceptional cases, the right to freedom of religion, as understood by the Convention, excludes any assessment by the State regarding the legitimacy of religious beliefs or the modalities of their expression. And on this basis it establishes that “the principle of religious autonomy prohibits the State from compelling a religious community to admit or exclude an individual or to entrust him with any religious responsibility.”
Reactions
Knowing this sentence, Teresa Laborda, who presented the lawsuit, did not want to go in to assess it yesterday. “We are studying the sentence and soon we will pronounce,” he said. Likewise, the eldest slave of the Christ of La Laguna, Francisco José Doblas, also stated that “we fully respect the judicial decisions and therefore we do not enter into evaluations, both in the first instance and in the second, as now” .
From the City Council, the mayor of La Laguna, Luis Yeray Gutiérrez, valued that “the Supreme Court has issued a sentence that must be accepted. What I can say is that from the City Council we are very clear that the defense of full equality between men and women is an inalienable objective and we work to make it a reality in all areas ”.
Meanwhile, the Councilor for Equality of La Laguna, Idaira Afonso, stated that “it is an unpleasant surprise, because we understand that the Supreme Court should be legislating in favor of what is 50% of the population, especially in entities that, Although they are private because they are religious, they also have public support, and they belong to everyone. It is a shame that the name of La Laguna is linked right now to a sentence that discriminates and does not allow women to access an entity, be it religious or whatever it is ”.
From the United Can party, a member of the local government, they declared yesterday, on their Twitter account, that “we will take measures so that the brotherhood does not receive one euro of public money while maintaining this exclusive and anti-egalitarian attitude.”
For his part, Santiago Pérez, as an expert in Constitutional Law, stated that “I would like the brotherhoods or associations to be open to sisters and brothers, but, reading what the press has disclosed of the Supreme Court ruling, the fundamentals They are debatable like everything in Law, but they have their consistency ”. “Here we enter a more complex terrain, in which the right of association for religious purposes and personal autonomy are at stake, which can lead to setting up a type of organization with certain statutes for worship purposes,” he continued. We are talking about a field, which is that of religious convictions and practices that must be closely linked to the autonomy of the people, in which the public powers must interfere as little as possible ”. Asked about possible avenues now for the plaintiff, he explained that “if they are invoking fundamental rights, I believe that they formally have a remedy by the Constitutional Court.”
Likewise, the co-founder of the Association of Women Judges of Spain (AMJE), Glòria Poyatos, has wondered if the Civil Chamber of the Supreme Court would have ruled the same if the excluded, instead of women, were black people. “It is urgent to integrate women into the Civil Chamber of the Supreme Court, whose presence is an anecdote: only one magistrate lives. If they come, so do feminine experiences, concerns and aspirations. And perhaps this failure would be another, “wrote Poyatos on his Twitter account, according to Efe.
