The judge considers that the rights to ideological and religious freedom are not harmed
The Administrative Contentious Court of Castellón has dismissed the appeal filed by the Christian Lawyers Association against the delivery of 32 LGTBI-themed books in institutes in the city of Castelló and thus ratifies the legality of its distribution. The ultra association will appeal the file to the high Court of Justice Valencian and threatens to arrive "to the Strasbourg Court if necessary to defend minors".
With this decision, which orders the costs of Christian Lawyers, the same criteria adopted when the suspension of the precautionary measures adopted in the first moment in which the delivery of the books was temporarily suspended was followed. A suspension that was annulled shortly after and to which Christian Lawyers appealed.
The Court has filed the case considering that «there is no evidence of any infringement of the fundamental rights of ideological and religious freedom«. In the sentence, the head of the court criticizes the appeal presented by Christian Lawyers «for its confusion, lack of clarity and technical rigor«.
unsubstantiated assumptions
Apart from the formal aspect, he motivates his decision on several points: «The plaintiff makes unfounded assertions and assumptions, in the sense that the books have been made available to very young children, without any discrimination, but this consequence is not evidenced in any way, no proof of the same and, above all, cannot be derived directly from the municipal decision, from the challenged administrative act«.
He also argues that "The fact that certain books are found in the bibliographic collections of an educational center or library does not necessarily imply that the use made of them is that which the plaintiff presupposes in a somewhat lurid manner and, in any case, if improper use, would be attributable to those who directly allow or promote it, not to those who have supplied the bibliographic collections destined for the center«.
political reactions
The mayor of Castelló, Frame Protection, stated that the judge's decision "It is good news because it endorses the action of the City Council ». “Even more so when it comes to compliance with the laws that protect the right to identity, gender expression and equality of LGTBI people. The accusations made against the municipal government have been shown to be false and once again justice does not agree with those who seek to regress rights and freedoms.«, concluded the first mayor.
For her part, the Minister Monica Oltra stressed that "we are in luck» for the news about the filing of the resource of Christian Lawyers.
