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ARCHIVED - Nativity scene of Jesus as a penis and Virgin Mary as a vagina is not a crime
An Andalusian judge has ruled that “freedom of expression” trumps any claims of crimes against religious feeling
A controversial waffle shop in Seville has been exonerated of any criminal wrongdoing after it made a Belén nativity scene using waffles in the shape of penises for the baby Jesus and for Joseph, and a vagina for the Virgin Mary.
La Verguería is famed for its waffles shaped like genitalia, but the Christian Lawyers Federation and the far-right Vox party thought they had gone too far when they made their “offensive” Christmas Belén last month, going so far as to bring a law suit against them.
Now though, the Seville Public Prosecutor's Office has ruled that while it may be “irreverent, in bad taste or vulgar”, no crime against religious feelings had been committed because it was an “advertising measure” for a business that sells waffles in the shape of sexual organs.
The judge stated, “Although it could be understood by the population that this ‘belén’ may be contrary to the customs of the city, irreverent, in bad taste, vulgar or any other similar adjective, that it could offend the religious feelings of the people of La Verguería and may offend the religious feelings of Catholics, there are no data that would lead one to believe that the installation of the ‘belén’ in the shop window is unequivocally due to the express intention of offending those religious feelings, and not as an advertising measure at this time of year.”
It essentially comes down to a case of freedom of expression, because Spanish law is more concerned with protecting the right of individuals not to be intruded in expressing the religious beliefs than with stopping certain actions that may offend any particular religious group.
As the judge put it, “Having overcome previous conceptions, in which the State tried to protect a certain official religious denomination through so-called religious crimes, considering that the State, due to its confessional nature, had the duty to protect those feelings professed by the majority of the population, what the legislator currently protects are attacks against the individual right that each person has to profess the religious ideas that best suit their conscience, as a manifestation of religious freedom.”
Cristina Peláez, the Vox spokesperson who brought the case before the courts, predicts the judge’s ruling will mean there will be similar offensive cakes at Easter Week: “If these type of acts of public scorn are allowed, which are an attack on religious feelings, such as the installation of the obscene nativity scene in the shop window, we will find that those condemned and any other person can do the same at Easter, and make fun and scorn to hurt the feelings of Catholics, making other cakes or products with figures that represent Jesus Christ and the Saints in the shape of a penis, and the Virgin Mary in the shape of a vagina.”
The owner of the waffle shop in question will now find he is well within his rights to do just that, should he so desire. As he put it last month, “We all have to take it with a bit more joy and humour.”
Image: Silvia de Carrión
staff.inc.and
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