Law of November 17, 1938: Provisions For the Italian Race

Vittorio Emanuele III

By the grace of God and by the will of the Nation

King of Italy
Emperor of Ethiopia

Chapter I. - Provisions Concerning Matrimony

Article 1

The marriage of an Italian citizen of the Aryan race with a person belonging to another race is prohibited. A marriage celebrated contrary to this prohibition is void.

Article 2

Without prejudice to the prohibition contained in Article 1, the marriage of an Italian citizen with a person of foreign nationality is subject to the prior consent of the Minister of the Interior. Offenders are liable to imprisonment for up to three months and a fine of up to ten thousand lire.

Article 3

In view of the prohibition set forth in Article 1, employees of the civil and military administrations of the State, of the various organizations of the National Fascist Party or those controlled by it, of the administration of the provinces, communes, parastatal bodies, syndical associations and related agencies may not contract marriage with persons of foreign nationality. Except when the gravity of the case requires the application of the penalties set forth in Article 2, violation of the above-mentioned prohibition will result in the loss of one's post of employment and of seniority..

Article 4

For the purposes of Articles 2 and 3, Italians who are not subjects of the Kingdom are not considered foreigners.

Article 5

Upon a request to issue marriage banns, the official of the civil registrar is required to ascertain, independently of the statements of the parties involved, the race and citizenship status of both applicants. Under the circumstances envisaged in Article 1, he shall proceed neither to issue marriage banns nor to perform the marriage. Any civil registrar who violates the provision of this article shall be punished with a fine ranging from 500 to 5,000 lire.

Article 6

A marriage performed in violation of Article 1 shall have no civil legality, and therefore shall not be entered into the public registers. ... Violators shall be punished by a fine ranging from 500 to 5,000 lire

Article 7

The registrar who proceeds to transcribe deeds relating to marriages celebrated without observing the provisions of Article 2 is obliged to immediately report it to the competent authority.

Chapter II. - Of Those Belonging to the Jewish Race

Article 8

For the purposes of this law, the following are considered as belonging to the Jewish race:

a) he who is born to parents both of the Jewish race, even if he belongs to a religion other than Judaism; 

b) he who is born to parents of whom one is of the Jewish race and the other is a foreign national; 

c) he who is born to a mother of the Jewish race and the father is unknown; 

d) he who, despite being born to parents of Italian nationality, of which only one is of the Jewish race, or belongs to the Jewish religion, or both, is a member of a Jewish community, or has in any way made manifestations of Jewishness. He who was born to parents of Italian nationality, of which only one is of the Jewish race, and who on October 1, 1938 belonged to a religion other than Judaism, is not considered Jewish.

Article 9

Membership in the Jewish race must be declared and entered in the public registers. All extracts from these registers and relative certificates which pertain to members of the Jewish race must make explicit mention of such entry. Similar mention must be included in the documents pertaining to exemptions or authorizations by the public authorities. Anyone who violates the provisions of this article shall be punished with a fine of up to 2,000 lire.

Article 10

Italian citizens belonging to the Jewish race may not:

a) perform military service in peace or in war; 

b) exercise the office of teacher or caretaker of minors or disabled persons of non-Jewish race; 

c) be owners or managers of any companies that pertain to national defense, or that employ one hundred or more people; nor can they assume the office of director or auditor; 

d) be owners of land valued at more than 5,000 lire;
e) be owners of urban buildings with a total taxable income exceeding 20,000 lire.

Concerning buildings for which there is no taxable income, it will be established on the basis of inspections carried out for the purposes of applying the extraordinary property tax referred to in Royal Decree-Law n. 1743 of October 5, 1936.

On the proposal of the Minister of Finance and with the concurrence of the Ministers of Interior, Grace and Justice, Guilds and Foreign Exchange, a royal decree will specify the regulations for carrying out the provisions set forth above in letters (c), (d) and (e).

Article 11

Parents belonging to the Jewish race may be deprived of parental authority over children who belong to a religion other than Judaism, if it demonstrated that he or she imparts to them an education which does not correspond to their religious principles or national purpose.

Article 12

Members of the Jewish race may not employ Italian citizens of the Aryan race as their servants. Transgressors will be punished with a fine of 1,000 to 5,000 lire.

Article 13

The following agencies may not employ persons of the Jewish race:

a) the civil and military administrations of the State; 

b) the National Fascist Party and the organizations subordinate to it or under its control; 

c) the administrations of provinces, communes, public institutions of assistance and welfare, or their trusts; 

d) administrations of municipal enterprises; 

e) the administrations of parastatal incorporated entities, however they may be formed or labeled, of the Opere Nazionali, of the various syndical associations and collateral bodies, and, in general, of all incorporated bodies and institutes of public law, even those with autonomous structures, which are subject to either inspection or control by the State, or to whose maintenance the State provides contributions of an ongoing nature; 

f) the administrations of those enterprises annexed or directly subordinate to the incorporated entities referred to in letter (e) above; or those which derive from it in major degree the necessary means for attaining their specific goals; or companies whose capital is provided at least in half by State participation; 

g) the administrations of banks of national interest; 

h) the administrations of private insurance companies.

Article 14. – The Minister of Interior, upon documented request of the interested parties, may in individual cases declare the provisions of Articles 10 and 11, as well as letter (h) of Article 13, inapplicable in the cases of:

(a) Members of families of those who fell in the Libyan War, the World War, the Ethiopian War and the Spanish Civil War, and of those who fell for the Fascist cause; 

(b) Persons who meet one of the following conditions: 

1) Persons who were mutilated, disabled or wounded, war volunteers, and recipients of decorations for valor in the Libyan War, World War, Ethiopian War and Spanish Civil War;

2) Combatants in the Libyan War, World War, Ethiopan War and Spanish Civil War who have received at least the Cross for War Merit; 

3) Persons who were mutilated, disabled or wounded for the Fascist cause; 

4) Members of the National Fascist Party in the years 1919, 1920, 1921, 1922, and the second half of 1924; 

5) Legionaries of Fiume; 

6) Persons who have earned exceptional merits, to be evaluated in accordance with Article 16.

In the cases envisaged under letter (b) above, the benefit may also be extended to members of the family of the persons listed thereunder, even if they are deceased. The interested parties may request that the decision handed down by the Minister of Interior be entered in the public registers. The decision of the Minister of Interior is not subject to any gravamen, either of an administrative or of a jurisdictional nature.

Article 15

With respect to the application of Article 14, in addition to the spouse, a family shall be considered to include ancestors and descendants up to the second degree.

Article 16

In order to evaluate the special merits referred to above in Article 14, (b), number (6), there shall be established in the Ministry of Interior a committee made up of the Undersecretary of State (who will preside), a Vice-Secretary of the National Fascist Party, and the Chief of Staff of the Voluntary Militia for National Security.

Article 17

Foreign Jews may not establish permanent residence in the Kingdom, in Libya, or in the Aegean possessions.

Chapter III. – Temporary and Final Provisions

Article 18.

For a period of three months from the time this present decree goes into effect, the Minister of Interior is empowered, after consulting the appropriate administration, to exempt in special cases from the prohibition set forth in Article 3 those employees who intend to contract marriage with a foreigner of the Aryan race.

Article 19

With respect to the application of Article 9, whoever finds himself in the conditions set forth under Article 8 must report this to the registry office of the commune of residence within 90 days from the date the present decree goes into effect. Whoever fails to fulfill such obligation within the prescribed time, or furnishes inexact or incomplete data, will be punished by imprisonment up to one month and a fine of up to 3,000 lire.

Article 20

Employees of the agencies mentioned in Article 13 who are members of the Jewish race shall be discharged from service within a space of three months from the date the present decree goes into effect.

Article 21

Regular employees of the State who are discharged from service in accordance with Article 20 are permitted to claim the retirement benefits due them according to law.

[...]

Article 22

Insofar as they are applicable, the provisions referred to in Article 21 are extended to the incorporated entities mentioned in Art. 13, letters (b), (c), (d), (e), (f), (g), and (h).

[...]

Article 23

All concessions of Italian citizenship made to foreign Jews after January 1, 1919 are completely revoked.

Article 24

Foreign Jews and those to whom Article 23 applies, who began their residency in the Kingdom, Libya or the Aegean possessions after January 1, 1919, must leave the territory of the Kingdom, Libya and the Aegean possessions by March 12, 1939. Those who have not complied with this obligation within the aforementioned term will be punished with arrest for up to three months or with a fine of up to 5,000 lire and will be expelled in accordance with Article 150 of Law n. 773 of June 18, 1931 on public security.

Article 25. – The provisions in Article 24 shall not apply to Jews of foreign nationality who, prior to October 1, 1938:

(a) were over sixty-five years of age; 

(b) contracted marriage with persons of Italian citizenship.

For the application of this article, the interested parties must send a documented request to the Ministry of Interior within thirty days from the date the present decree goes into effect.

Article 26

The questions relative to the application of this present decree will be resolved in individual cases by the Minister of Interior after consulting those Ministers who may also be affected and receiving the prior opinion of a committee appointed by him. The provision is not subject to any encumbrances, neither administratively nor judicially.

Article 27

Nothing new is introduced with regard to public worship and activities by Jewish communities according to existing laws, except for modifications that may become necessary in order to coordinate these laws with the provisions of this present decree.

Article 28

Any provision that is contrary to, or in any way incompatible with the present decree, is hereby abrogated.

Article 29

The Government of the King is authorized to issue the necessary provisions for the implementation of this present decree. This decree will be presented to the Parliament for passage into law. The Duce, Minister of Interior and proposer, is authorized to submit the relative bill.

We order that the present decree, bearing the seal of the State, be inserted into the official collection of the laws and decrees of the Kingdom of Italy, mandating everyone to observe it and to make sure it is observed.

Given in Rome on this day of November 17, 1938

Vittorio Emanuele

Mussolini - Ciano - Solmi - Di Revel - Lantini

Seen by the Keeper of the Seals: Solmi
Registered at the Court of Audit on this day of November 18, 1938
Atti del Governo, registro 403, foglio 76. - Mancini