Recognition of same-sex unions in Italy
Part of the LGBT rights series |
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Italy has recognised same-sex civil unions since 5 June 2016, providing same-sex couples with almost all of the legal protections, benefits and rights of marriage. A bill to this effect was approved by the Senate on 25 February 2016 and the Chamber of Deputies on 11 May. It was signed into law by President Sergio Mattarella on 20 May,[1][2][3][4] published in the Gazzetta Ufficiale the next day and took effect on 5 June 2016.[5] Before this, several regions had supported a national law on civil unions and some municipalities passed laws providing for civil unions, though the rights conferred by these civil unions varied from place to place.
Italy remains one of the last countries in Western Europe not to have legalized same-sex marriage. Polling suggests that a majority of Italians support the legal recognition of same-sex marriage.[6]
Civil unions
[edit]Background
[edit]In 1986, the Inter-Parliamentary Women's Communist group (Interparlamentare donne Comuniste) and Arcigay, Italy's largest LGBT rights organization, raised the issue of civil unions in the Italian Parliament for the first time. This was led by Ersilia Salvato in the Italian Senate and by Romano Bianchi and Angela Maria Bottari in the lower house who together attempted to introduce draft legislation. In 1988, following lobbying by Arcigay, lawyer and Socialist parliamentarian Alma Cappiello Agate introduced the first such bill to Parliament, calling for the acknowledgement of cohabitation between "persons". The bill failed, but Cappiello's proposal received wide coverage in the press. During the 1990s, a succession of civil union bills was regularly introduced and rejected in Parliament, bolstered by discussion in the European Parliament on equal rights for gays and lesbians. During the XIII Legislature from 1996 to 2001, at least ten bills were presented to Parliament, notably by Salvato, Nichi Vendola, Luigi Manconi, Graziano Cioni, and Luciana Sbarbati; however, none of them made it to a discussion on the floor of the Chamber of Deputies or the Senate.
In September 2003, the European Parliament approved a new resolution on human rights against discrimination on the basis of sexual orientation. Each member state had to confirm it would work to abolish any form of discrimination. During the XIV Legislature, proposals for civil unions with support across party lines were submitted to Parliament. On 8 July 2002, Franco Grillini, an MP for the Democrats of the Left, submitted for the first time a bill to legalise same-sex marriage.[7] However, the French civil solidarity pact (PACS) model was given particular resonance by the union of Alessio De Giorgi and Christian Pierre Panicucci on 21 October 2002 at the French embassy in Rome. On the same day, Grillini introduced a bill to the Chamber of Deputies to establish civil solidarity pacts in Italy. It ultimately failed, but was supported by 161 centre-left MPs.[8] PACS remained a centrepiece in the public discourse on the rights of same-sex couples in Italy. This changed in 2005 when Spain's legalization of same-sex marriage received wide coverage in Italy and triggered extensive political discussions.[9]
Failed attempts in 2006–2008
[edit]During the 2006 electoral campaign, Romano Prodi, leader of The Union, promised to introduce legislation recognising cohabiting same-sex couples if elected.[10] Prodi's centre-left coalition subsequently won a majority of seats in Parliament and was able to form the Prodi II Government. In February 2007, the government introduced a draft bill to recognise domestic partnerships under the name Diritti e doveri delle persone stabilmente Conviventi (DiCo; "Rights and duties of stable cohabitants"). The bill faced considerable opposition from the Catholic Church,[11] and in the Senate from the majority of the right-wing opposition, but also from certain elements within Prodi's fractious coalition. Delays meant the bill could not reach the floor for a conclusive vote.
A demonstration was held in Rome on 10 March 2007 in support of the legislation. Thousands of activists waved alarm clocks in the air, signalling it was "high time" for such a law. Some government officials, including Minister for Equal Opportunities Barbara Pollastrini and Minister for Social Solidarity Paolo Ferrero, took part in the demonstration and were later criticized by Prodi for their participation.[12] Two days later, the Episcopal Conference of Italy (CEI) staged a counter-demonstration, also in Rome. Police sources claimed that about 800,000 people participated in the demonstration, including some Catholic government ministers such as Clemente Mastella and Giuseppe Fioroni.[13] On 16 June, the annual Rome pride parade hit a record attendance of about 1,000,000 demonstrators. The parade had a strong political flavour, as LGBT associations meant it to be a response to the opposition demonstrations.[14]
The DiCo bill was merged with other civil union proposals in late 2007 and the Senate's Judiciary Committee began discussing a new draft bill known as "Contract for Social Unions" (Contratto di Unione Solidale). Nevertheless, in February 2008, an early election was called, thus dissolving Parliament. All pending legislation died in committee. Two Italian filmmakers, Gustav Hofer and Luca Ragazzi, directed the award-winning documentary Suddenly, Last Winter (Improvvisamente l'inverno scorso) on the DiCo bill.[15]
Developments in 2008–2015
[edit]There was no majority in Parliament in favour of the legal recognition of same-sex unions following the 2008 general election. Although the governing majority, The People of Freedom and Lega Nord, of the new government under Silvio Berlusconi, was elected without promising any improvement for the rights of same-sex couples, some party members, including Minister for Innovation and Public Administration Renato Brunetta, along with Socialist MPs Lucio Barani and Francesco De Lucia, acted independently and submitted civil union legislation to the Parliament in September 2008.[16] The proposed private member's bill, which was called DiDoRe (Diritti e Doveri di Reciprocità dei conviventi, "Mutual rights and duties for cohabiting partners") was unsuccessful. If it had been adopted, it would only have been akin to unregistered cohabitation, as it did not provide for a public registry system.[17] Following Berlusconi's resignation in 2011, a new government under Mario Monti was formed, but it also did not advance any legislation recognising same-sex relationships.
Local civil union registries
[edit]![](http://upload.wikimedia.org/wikipedia/commons/thumb/8/81/Protesta_per_i_PACS%2C_Milano%2C_15_febbraio_2005_-_Foto_di_Giovanni_Dall%27Orto.jpg/170px-Protesta_per_i_PACS%2C_Milano%2C_15_febbraio_2005_-_Foto_di_Giovanni_Dall%27Orto.jpg)
In July 2012, Mayor Giuliano Pisapia promised to introduce a formal registry for same-sex unions in Milan, which would be designed to afford some legal protections to cohabiting same-sex couples. However, these protections would not be equivalent to marriage rights. A spokesman for the Roman Catholic Archdiocese of Milan responded by arguing there was a "risk that giving equal status to families based on marriage with those founded on civil unions will legitimise polygamy".[18] The City Council of Milan approved the registry on 27 July 2012 in a 29–7 vote.[19] The City Council of Rome approved a similar registry in January 2015, in a 32–10 vote.[20] The registry came into effect on 21 May 2015. Twenty couples registered their unions at Rome City Hall that day.[21]
In January 2013, a hospital in Padua began using new parent bracelets using the gender-neutral term "parent" rather than "mother" or "father".[22] In August 2013, a Venice city councillor proposed to replace the terms "mother" and "father" in local documents with the terms "parent 1" and "parent 2". The project ignited a debate in which Minister of Integration Cécile Kyenge intervened and praised the bid. The motion was later not pursued. A similar motion was approved in Bologna, replacing the terms "mother" and "father" with "parent" and "other parent" in local school documents.[23]
On 4 March 2015, the Sicilian Regional Assembly voted by 50 votes to 5 in favour of the creation of a regional civil union registry that allows couples of any sex to access regional government benefits. The law was strongly supported by President Rosario Crocetta. Liguria and Sicily are the only two regions with such legislation.[24] By early 2016, more than 320 municipalities had introduced civil union registries providing same-sex couples with formal recognition and equal access to municipal services as other cohabiting or married opposite-sex couples.[25] Due to the limited number of services managed at the local level in Italy, these registries mostly had a symbolic value and were not legally binding for third parties. Major cities offering civil union registries include Rome, Milan, Bologna, Padua, Florence, Pisa, Bolzano, Palermo, Naples, Genoa, Bari, Catania, Brescia and Turin.
Passage of legislation in 2016
[edit]Civil Union Law | |
---|---|
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Italian Parliament | |
| |
Citation | Law No. 76 of 2016 |
Enacted by | Senate of the Republic |
Enacted by | Chamber of Deputies |
Signed by | Sergio Mattarella |
Signed | 20 May 2016 |
Commenced | 5 June 2016 |
Legislative history | |
First chamber: Senate of the Republic | |
Introduced by | Monica Cirinnà |
Passed | 25 February 2016 |
Voting summary |
|
Second chamber: Chamber of Deputies | |
Passed | 11 May 2016 |
Voting summary |
|
Amends | |
Italian Civil Code | |
Summary | |
Introduces civil unions for same-sex couples and legally recognizes cohabitations for all couples | |
Status: Current legislation |
In July 2012, the Democratic Party (PD) approved a party platform supporting the legal recognition of same-sex unions. The secular wing of the party tried to pass a motion in favour of same-sex marriage, but this did not gather enough support from party members.[26] Beppe Grillo, leader of the Five Star Movement, criticised the decision and spoke out in favour of marriage for same-sex couples.[27]
Following the 2013 Italian general election, the Letta Government was formed by members from the Democratic Party, The People of Freedom (PdL) and Civic Choice (SC). Only the Democratic Party and Left Ecology Freedom (SEL) had pledged their support for same-sex union recognition during the political campaign. On 14 May 2013, the Italian Parliament extended healthcare benefits to MPs' same-sex partners. This rule had already been in effect for heterosexual partners for several decades.[28] The same month, an Italian judge registered an British civil partnership contracted by two Italian men. The registration occurred in Milan and the couple was registered in the local civil union registry approved in 2012.[29] The Minister of Equal Opportunities, Sport and Youth Policies, Josefa Idem (PD), later announced she would introduce a parliamentary bill to recognise same-sex unions.[30] In June, the Senate's Justice Committee began examining several bills concerning the recognition of same-sex couples. Three bills would have allowed same-sex couples to marry, while three other bills would allow cohabiting couples to register their partnerships.[31][32][33][34][35][36]
On 15 December 2013, the newly-elected secretary of the Democratic Party, Matteo Renzi, announced that the party would work on the recognition of same-sex relationships. While campaigning during the party primary elections, Renzi referred to the German registered life partnerships as a model for legislation in Italy. German partnerships were only open to same-sex couples, and by 2013 their scope had expanded to be almost equivalent to marriage, except in name and full adoption rights.[37] After Enrico Letta's resignation in February 2014, Renzi was appointed prime minister and formed a new government on 22 February 2014. Leading Italian politicians, including the mayors of Rome, Milan and Bologna, Ignazio Marino, Giuliano Pisapia and Virginio Merola, pressed for such legislation to be urgently passed.[38][39] In Autumn 2014, the government tabled a bill for debate in Parliament.[40] The bill was reviewed by the Senate's Justice Committee but was delayed several times due to filibustering from the New Centre-Right. The bill would have guaranteed same-sex couples almost all of the rights and benefits reserved for marriage, including the ability to adopt a partner's child (i.e. stepchild adoption). It was supported by a large majority in Parliament: the Democratic Party, the Five Star Movement, some members of Forza Italia, and Left Ecology Freedom. Some MPs opposed stepchild adoption, while others called for same-sex marriage.[41]
On 10 June 2015, the Chamber of Deputies passed a motion formally supporting the introduction of civil unions for same-sex couples. All major parties presented different motions, but all were rejected except for the motion proposed by the Democratic Party.[42] On 6 October 2015, a proposal merging several previous bills and establishing same-sex civil unions (Italian: unione civile, pronounced [uˈnjoːne tʃiˈviːle])[a] and gender-neutral cohabitation agreements was submitted to the Italian Senate by Monica Cirinnà, MP for the ruling Democratic Party. The bill underwent its first reading in the Senate on 14 October 2015.[46] Although Silvio Berlusconi, leader of the opposition Forza Italia party, supported the bill and stepchild adoption, many MPs from his party criticised or opposed the bill. Stepchild adoption was the most contentious issue across party lines and was vehemently opposed by the New Centre-Right, a Christian Democratic party part of the governing coalition and whose votes were necessary to reach a majority in the Senate, where the government's majority was slim.[47] After having failed to garner support in Parliament from enough opposition MPs, the government asked for a confidence vote on an amended version of the bill which did not contain the contentious provisions on stepchild adoption.[48]
![](http://upload.wikimedia.org/wikipedia/commons/thumb/2/24/Wikinews-logo.svg/40px-Wikinews-logo.svg.png)
On 25 February 2016, the bill was approved by the Italian Senate in a 173–71 vote.[1] The law provides same-sex couples with most of the rights of marriage with the exception of adoption rights and access to in vitro fertilisation. On 8 March, the Chamber of Deputies' Justice Committee began discussing the bill, and ultimately approved it on 20 April. The Chamber approved the bill on 11 May in a 372–51 vote with 99 abstentions.[3][49] It was subsequently signed into law by President Sergio Mattarella on 20 May.[4] The law was published in the Gazzetta Ufficiale on 21 May and took effect on 5 June 2016.[5][50] On 21 July, the Italian Council of State approved a government decree creating civil union registries across the country, allowing the first civil unions to be registered in Italy.[51] The first same-sex couple entered into a civil union in Castel San Pietro Terme, Emilia-Romagna on 24 July.[52][53]
Parliamentary group | Voted for | Voted against | Abstained | Absent (Did not vote) |
---|---|---|---|---|
Democratic Party | 108
|
- | - | |
Forza Italia | - | 34
|
- | 6
|
Five Star Movement | - | - | - | 35
|
New Centre Right | 26
|
- | - | 6
|
Mixed Group | 5
|
10
|
- | 11
|
For the Autonomies | 12
|
- | - | |
Liberal Popular Alliance | 18
|
- | - | 1
|
Great Autonomies and Freedom | 4
|
9
|
- | |
Lega Nord | - | 9
|
- | 3
|
Conservatives and Reformists | - | 9
|
- | 1
|
Total | 173 | 71 | 0 | 76 |
Parliamentary group | Voted for | Voted against | Abstained | Absent (Did not vote) |
---|---|---|---|---|
Democratic Party | 278
|
- | 1
|
22
|
Five Star Movement | - | - | 78
|
13
|
Mixed Group | 28
|
11
|
13
|
10
|
Forza Italia | 10
|
21
|
20
| |
New Centre Right | 11
|
3
|
16
| |
Left Ecology Freedom – Possible | 27
|
- | - | 4
|
Civic Choice | 14
|
- | - | 6
|
Lega Nord | - | 13
|
- | 4
|
Solidary Democracy – Democratic Centre | 4
|
2
|
4
|
3
|
Brothers of Italy | - | 1
|
- | 9
|
Total | 372 | 51 | 99 | 107 |
Statistics
[edit]12 same-sex civil unions had been performed in Italy by August 2016. No civil unions had taken place in Rome by then;[56] the first civil union in Rome was performed on 17 September 2016.[57] By 2022, 18,317 civil unions had taken place in Italy, mostly in Lombardy, Lazio, Emilia-Romagna, Tuscany and Piedmont.
Region | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | Total |
---|---|---|---|---|---|---|---|---|
Abruzzo | 22 | 39 | 24 | 30 | 22 | 22 | 30 | 189 |
Aosta Valley | 4 | 12 | 7 | 6 | 2 | 2 | 6 | 39 |
Apulia | 46 | 108 | 74 | 73 | 58 | 79 | 95 | 533 |
Basilicata | 2 | 10 | 3 | 7 | 1 | 6 | 6 | 35 |
Calabria | 6 | 17 | 6 | 9 | 3 | 16 | 17 | 74 |
Campania | 89 | 168 | 103 | 91 | 62 | 111 | 137 | 761 |
Emilia-Romagna | 231 | 439 | 280 | 213 | 153 | 218 | 278 | 1,812 |
Friuli-Venezia Giulia | 34 | 79 | 42 | 32 | 18 | 26 | 47 | 278 |
Lazio | 275 | 767 | 425 | 352 | 257 | 297 | 386 | 2,759 |
Liguria | 119 | 134 | 89 | 82 | 49 | 75 | 114 | 662 |
Lombardy | 595 | 1,073 | 701 | 562 | 362 | 468 | 640 | 4,401 |
Marche | 49 | 57 | 39 | 32 | 25 | 46 | 58 | 306 |
Molise | 1 | 3 | 2 | 7 | 2 | 2 | 3 | 20 |
Piedmont | 251 | 417 | 248 | 220 | 126 | 196 | 244 | 1,702 |
Sardinia | 35 | 70 | 48 | 46 | 20 | 36 | 60 | 315 |
Sicily | 70 | 122 | 128 | 94 | 71 | 107 | 117 | 709 |
Trentino-Alto Adige/Südtirol | 43 | 89 | 39 | 32 | 29 | 43 | 49 | 324 |
Tuscany | 246 | 405 | 264 | 201 | 144 | 207 | 260 | 1,727 |
Umbria | 35 | 48 | 37 | 29 | 21 | 35 | 37 | 242 |
Veneto | 183 | 319 | 249 | 179 | 114 | 156 | 229 | 1,429 |
Total | 2,336 | 4,376 | 2,808 | 2,297 | 1,539 | 2,148 | 2,813 | 18,317 |
Same-sex marriage
[edit]![](http://upload.wikimedia.org/wikipedia/commons/thumb/2/25/Same-sex_marriage_map_Europe_detailed.svg/330px-Same-sex_marriage_map_Europe_detailed.svg.png)
![](http://upload.wikimedia.org/wikipedia/commons/thumb/c/ca/Presidio_per_matrimonio_gay_-_Foto_Giovanni_Dall%27Orto%2C_23-Mar-2010_-_01.jpg/220px-Presidio_per_matrimonio_gay_-_Foto_Giovanni_Dall%27Orto%2C_23-Mar-2010_-_01.jpg)
Bills legalising same-sex marriage have been submitted to the Italian Parliament several times since Franco Grillini, an MP for the Democrats of the Left, first presented a proposal to the Chamber of Deputies in July 2002.[62] It took 10 years before a party represented in Parliament made same-sex marriage a policy goal: in May 2012 Antonio Di Pietro, political leader of the Italy of Values (Italia dei Valori) party, said, "Our party has been the first in Italy to follow US president Barack Obama. We invite other Italian parties to support gay marriage. You don’t have to be shy, you have to say yes".[63] In July 2012 he also submitted a bill to the Chamber,[64] but this was never considered by the Parliament.
Following the 2013 general election, several bills were presented during the XVII Legislature, some even allowing for full adoption rights and automatic recognition of the spouse's natural children born in wedlock. However, none of these bills ever advanced even to committee stage.[65][66][67][68][69][70][71] As parliamentary discussions focused on the recognition of cohabitation agreements and registered partnerships for same-sex couples, debate on same-sex marriage was relatively limited until passage of civil union legislation in 2016. However, the topic was far from absent from public discourse: it was a demand of Italian LGBT movements since at least the early 2000s and the subject of several judicial cases involving recognition of same-sex marriages performed abroad.
Legal battles to recognise marriages performed abroad
[edit]On 9 April 2014, the Civil Court of Grosseto ordered that a same-sex marriage contracted abroad be recognised in the municipality. The order was then voided by the Court of Appeals of Florence.[72] Grosseto was followed by the cities of Bologna, Naples and Fano in July 2014,[73][74] Empoli, Pordenone, Udine and Trieste in September 2014,[75][76][77] and Florence, Piombino, Milan, Rome and Livorno in October 2014.[78][79][80]
In 2014 the then Minister of the Interior, Angelino Alfano, ordered all prefects to invalidate any registrations made by mayors recognising same-sex marriages performed abroad, arguing that the Italian Civil Code makes no mention of same-sex marriage and any attempt to recognise it is therefore illegal.[81] The legal system had already been used to stop some mayors recognising same-sex couples, but all such cases were ultimately dismissed by the courts after failing to determine a particular offence.[82] Indeed, a public prosecutor in the city of Udine ruled that a prefect may not invalidate marriages agreed by municipal mayors, thus effectively annulling the order made by Alfano.[83] On 9 March 2015, the Regional Administrative Court of Lazio suspended Alfano's order because only civil courts may annul the registration of same-sex marriages contracted abroad.[84] However, the court also found that overseas marriages could not be recognized in Italy because of the lack of domestic legislation.[85]
Alfano subsequently appealed to the Council of State, Italy's highest administrative court. In October 2015, the Court reversed the judgement; ruling that it is within the role of prefectures to ensure all public acts are legal. Thus all registrations of same-sex marriages contracted abroad cannot be recognised in Italy and must be cancelled.[86][87][88] Gay rights activists complained that Carlo Deodato, the Council of State judge who drafted the sentence, defines himself as "Catholic, married and father of two" and had already expressed his disapproval of same-sex marriage via Twitter and therefore could not be considered impartial. They promised to take an appeal to the European Court of Human Rights if necessary for violating the Italian Constitution.[89]
On 31 January 2017, the Italian Constitutional Court ruled that a same-sex marriage, conducted between two women and performed in Nord-Pas-de-Calais in France, must be recognized in Italy. The Court refused to hear the case of the mayor of the small town of Santo Stefano del Sole, who was attempting to appeal an earlier sentence passed down from the Court of Appeal of Naples, in which the marriage was officially recognized. One of two women had the right to claim Italian citizenship jus sanguinis. Thus, refusal to recognize the union was seen as being in direct violation of the Charter of Fundamental Rights of the European Union, of the fundamental rights of European citizens, of the right of free movement for citizens throughout the member states and, lastly, of the basis of non-discrimination.[90][91][92]
On 14 December 2017, the European Court of Human Rights ruled that Italy's refusal to legally recognise the marriages of same-sex couples married abroad violates the couples' rights to respect for private and family life. The 6 couples, (of which, 3 married in Canada, 2 in the Netherlands and 1 in California) sought to have their marriages registered in Italy but Italian officials had refused, citing a 2001 order by the Ministry of Internal Affairs which said same-sex marriage is "contrary to the norms of public order." The Court also ordered Italy to pay monetary compensation to the couples.[93][94]
In May 2018, the Court of Cassation ruled that same-sex marriages performed abroad cannot be recognized in Italy. Instead, couples must register their partnerships as a civil union, regardless of whether they wed before or after Italy introduced civil unions in 2016. The ruling is the final judgement on an appeal lodged by an Italian-Brazilian couple who married in Brazil in 2012, and then performed another ceremony in Portugal in 2013. The couple sought to have their marriage recognized under Italian law in Milan but were denied, prompting them to mount a legal challenge that made its way to Italy's highest court. The judges agreed with an earlier appeals court ruling on the case, which stated that Italian law would recognise married same-sex couples only as civil unions. The Italian-Brazilian couple argued that the move constituted discriminatory "downgrading" of their relationship status. The Court of Cassation, however, judged that civil unions provide most of the same legal protections as marriages, and therefore could not be considered discrimination. "Same-sex marriage does not correspond to the model of matrimony outlined in our legal system," the judges stated, ruling that Italy may legitimately use its "legislative discretion" to exclude same-sex couples from marriage so long as a valid alternative is available to them.[95][96][97]
Political developments following the passage of civil unions
[edit]At the 2018 general election, the only party campaigning for marriage equality and achieving parliamentary representation was Liberi e Uguali (LeU), who elected 14 deputies and 4 senators. A couple of bills legalizing same-sex marriage were submitted by Senator Cirinnà of the Democratic Party (PD)[98] and Senator Maiorino of the Five Star Movement (M5S),[99] but these did not advance beyond committee stage before Parliament was dissolved in July 2022. During the XVIII Legislature there was little political appetite for same-sex marriage and during the Conte II Government ruling M5S, PD and LeU threw their weight behind anti-LGBT discrimination and hate crimes legislation that passed the Chamber in November 2020 but ultimately failed in the Senate in October 2021.
At the 2022 general election same-sex marriage rose to prominence in Italian politics for the first time. M5S, PD, Alleanza Verdi Sinistra (AVS) and More Europe (+E) all endorsed marriage equality and full adoption rights in their electoral platforms (although PD did not take an official stance on LGBT adoption).[100][101] Together these parties elected 136 deputies (out of 400) and 72 senators (out of 200), meaning that also in the XIX Legislature there is no parliamentary majority in favour of same-sex marriage. However, three bills have been presented to the Senate by Senator Malpezzi of PD,[102] Senator Maiorino of M5S[103] and Senator Scalfarotto of Action – Italia Viva (A-IV)[104] and two bills to the Chamber of Deputies by MP Grimaldi of AVS[105] and MP Appendino of M5S.[106] On 27 December 2022 Senator Maiorino's bill (Senate bill n.130) advanced to committee stage but, as of April 2024, the Senate's Justice Committee has yet to review the bill.
On 26 February 2023, Elly Schlein won the primary elections of the Democratic Party, the largest centre-left opposition party, on a campaign platform advocating for same-sex marriage and full adoption rights.
Judicial rulings
[edit]![](http://upload.wikimedia.org/wikipedia/commons/thumb/a/a7/2010-07-02_Gay_Pride_Roma_-_Due_sposine.jpg/220px-2010-07-02_Gay_Pride_Roma_-_Due_sposine.jpg)
In 2009, a same-sex couple from Venice sued the local administration for denying them a marriage licence. The case was referred by the Tribunal of Venice to the Constitutional Court concerned at a possible conflict between the Civil Code (which does not allow for same-sex marriage) and articles 3 of the Italian Constitution (which forbids any kind of discrimination), and article 29 (which states an ambiguous gender-neutral definition of marriage).
On 14 April 2010 the Constitutional Court delivered a landmark decision (ruling 138/2010), establishing that the statutory ban on same-sex marriage was not in breach of the Constitution.[107][108] However, the Court also affirmed that same-sex couples deserve legal recognition since they are 'social formations' constitutionally protected under article 2 of the Constitution.[109] The task of drafting legislation to this purpose was deemed by the Court to be the Parliament's sole prerogative.
In January 2011, the Court of Cassation reversed a lower decision which stated that an EU citizen married to an Italian citizen of the same sex was not permitted to stay in Italy, because they were not a family according to Italian law. The High Court ruled that the lower judge should have applied the European Directive 2004/38/EC on the right of the citizens of the union to move and reside freely within the member states.
In 2012 the courts considered the case of a same-sex couple made up of an Italian man who married an Uruguayan citizen in Spain.[110] In a landmark ruling, the Court of Cassation stated on 15 March that "same-sex couples have the same right to a family life as married straight couples", adding that "the judiciary shall grant them the same legal rights as enjoyed under marriage on a case-by-case rule". Even though the Court's judgments are not binding outside the case decided, lower courts find those judgments persuasive. Whereas the Parliament remains free to introduce same-sex unions or not, the verdict paved the way for such unions to be equivalent to marriage in all but name and for judges to recognize individual rights to cohabiting couples.[111][112] Marriages performed abroad going forward would allow the non-EU national partner to obtain an Italian permanent residence permit.
On 9 February 2015 the Supreme Court of Cassation interpreted the 2010 judgement of the Constitutional Court as meaning that it would be Parliament's choice whether or not to admit same-sex marriage, civil unions or civil partnerships.[113]
On 21 July 2015 the European Court of Human Rights, in the case Oliari and Others v. Italy, ruled that Italy violated Article 8 of the European Convention on Human Rights by not recognising same-sex couples' right to family life.[114]
Religious views
[edit]Roman Catholic Church
[edit]The Roman Catholic Church is the largest and most influential Christian denomination in Italy. It has been opposed to any recognition of same-sex relationships and repeatedly blocked the introduction of legislation such as domestic partnerships and civil unions for same-sex couples in Italy as well as other Catholic-majority countries.[38] However, there has been public disagreement on the issue among senior figures in the Church and over the last few years a more welcoming and nuanced tone towards homosexual people has become common.
In 2007, Angelo Bagnasco (Archbishop of Genoa, and Chair of the Italian Bishop's Conference) compared the idea of recognising same-sex unions directly with state recognition for incest and paedophilia.[115][116] He later condemned a ruling made by the Tuscan courts in 2014 which, for the first time in Italy, recognized the marriage of a same-sex couple who had wed in New York.[117] He has also described civil unions and same-sex marriages as a "Trojan horse" that fundamentally weaken the institution of the family.[118]
However, in his book Credere e conoscere, published shortly before his death in 2012, Cardinal Carlo Maria Martini, the former Archbishop of Milan, disagreed with opposition by Catholics to homosexual civil unions: "I disagree with the positions of those in the Church, that take issue with civil unions", he wrote. "It is not bad, instead of casual sex between men, that two people have a certain stability" and said that the "state could recognize them". Although he stated his belief that "the homosexual couple, as such, can never be totally equated to a marriage".[119][120]
With the election of Pope Francis in 2013, the Catholic Church adopted a more welcoming attitude towards LGBT people. A few months after his election the Pope stated the now famous 'Who am I to judge (homosexual people)?'. In 2020 and 2021 Pope Francis voiced his support for civil unions, while maintaining opposition to same-sex marriage. This view, however impactful, represents the pope's personal views and does not change the official doctrine of the Church, which forbids blessings of all same-sex unions.
In May 2022 Pope Francis chose Cardinal Matteo Maria Zuppi to serve a five-year term as president of the Episcopal Conference of Italy, the official assembly of the Catholic bishops in Italy and the main body coordinating political relations between the Catholic Church and the Italian state.[121][122]
Zuppi is widely regarded as a progressive within the Church and in June 2022 he was even accused of covering up the blessing of a same-sex couple after their civil union in Bologna, the diocese he has been Archbishop of since 2015. According to an Italian newspaper the Archdiocese of Bologna made a number of false claims in a statement attempting to justify the ceremony. The blessing of Pietro Morotti and Giacomo Spagnoli reportedly took place in the presence of six priests at the church of San Lorenzo di Budrio.[123]
Other churches
[edit]The Union of Methodist and Waldensian Churches became the first Italian Christian denomination to permit the blessings of same-sex couples in 2010.[124] The Lutheran Evangelical Church in Italy has allowed the blessings of same-sex unions since 2011.[125]
Public opinion
[edit]During a protest on 13 January 2007, 50,000 gay rights activists, according to the police, protested in Milan in favour of the creation of a new law regulating same-sex unions.[10]
According to a poll in February 2007, 67% of Italian Catholics backed the draft civil union bill proposed by the Prodi coalition, and 80% of Italians said they supported the law.[126] On the other hand, the autumn 2006 Eurobarometer survey showed that only 31% of Italians thought that same-sex marriages should be allowed throughout Europe and 24% were in favour of opening up adoption to same-sex couples. This was below the European Union average of 44% and 32% respectively.[127]
A Eurispes poll conducted in early 2009 showed that 40.4% of Italians supported same-sex civil marriage, while 18.5% supported civil unions but not marriage. Thus, 58.9% of respondents supported some form of recognition for same-sex couples. The only area with majority support for same-sex marriage was in the north-west (Piedmont and Liguria, where 54.8% were in favour). Nevertheless, in every Italian region except Sicily, a majority supported some form of recognition for same-sex couples. Among those who considered themselves on the political left, 66.5% supported same-sex marriage.[128] The same poll was repeated in January 2010: 41.0% of respondents supported same-sex marriage, with 20.4% supporting civil unions. Thus, support for some form of recognition for same-sex couples rose to 61.4%.[129]
On the occasion of the International Day against Homophobia on 17 May 2012, the National Bureau of Statistics (ISTAT) released an official governmental report on the attitudes towards homosexuality among the Italian population. The poll, conducted in 2011, found that 62.8% of the interviewees were in favour of civil unions with the same rights as marriage. Those who agreed with same-sex marriage increased to 43.9%, with central Italy (52.6%), 18–34 years old (53.4%) and women (47%) being the geographical, age and gender categories most in favour. Significantly, every region supported civil unions, with support being highest in central Italy (72.2%) and lowest in the south (51.2%).[130]
A May 2013 Ipsos poll found that 48% of respondents were in favour of same-sex marriage and another 31% supported other forms of recognition for same-sex couples.[131] According to an Ifop poll, conducted in May 2013, 42% of Italians supported allowing same-sex couples to marry and adopt children.[132]
An October 2014 Demos poll found that 55% of respondents were in favour of same-sex marriage with 42% against.[133]
The 2015 Eurobarometer found that 55% of Italians thought that same-sex marriage should be allowed throughout Europe, 35% were against.[134]
In January 2016, a poll showed that 46% were in favour of same-sex civil unions with 40% against. With regards to same-sex marriage, 38% were in favour and 55% were against. Finally, 85% of those polled were against adoption by same-sex couples.[135] In February 2016, days after the Senate approved the civil union bill, a new poll showed again a large majority in favour of civil unions (69%), a majority for same-sex marriage (56%), but still, only a minority approving of stepchild adoption (37%).[136]
A Pew Research Center poll, conducted between April and August 2017 and published in May 2018, showed that 59% of Italians supported same-sex marriage, 38% were opposed and 3% didn't know or refused to answer.[137] When divided by religion, 83% of religiously unaffiliated people, 70% of non-practicing Christians and 44% of church-attending Christians supported same-sex marriage.[138] Opposition was 27% among 18-34-year-olds.[139]
In 2019, a poll conducted by Eurispes found that 51% of Italians supported the legalisation of same-sex marriage. Same-sex adoption was supported by 31.1%, while 68.9% were against it.[140] According to a May 2019 Ipsos poll, 58% of Italians were in favour of same-sex marriage.[141]
The 2019 Eurobarometer found that 58% of Italians thought same-sex marriage should be allowed throughout Europe, 35% were against.[142]
A Pew Research Center poll conducted between February and May 2023 showed that 74% of Italians supported same-sex marriage and that 26% were opposed. When divided by political affiliation, support was highest among those on the left of the political spectrum at 88%, followed by those at the center at 74% and those on the right at 66%.[6]
The 2023 Eurobarometer poll found that 69% of italians thought that same sex marriage should be allowed throughout Europe, while 29% were against. https://europa.eu/eurobarometer/surveys/detail/2972
Italians support for gay rights | 2009 | 2010 | 2012 | 2013 | 2014 | 2016 | 2017 | 2019 | 2021[141] | 2023 | 2023 |
---|---|---|---|---|---|---|---|---|---|---|---|
YES | YES | YES | YES | YES | YES | YES | YES | YES | YES | YES | |
recognition for same-sex couples | 58.9% | 61.4% | 62.8% | 79% | - | 69% | - | 66% | 83% | - | - |
same-sex marriage | 40.4% | 41% | 43.9% | 48% | 55% | 56% | 59% | 58% | 63% | 69% | 74% |
civil unions but not marriage | 18.5% | 20.4% | 18.9% | 31% | - | 13% | - | 8% | 20% | - | - |
See also
[edit]Notes
[edit]- ^ In some regional languages of Italy:
- Albanian: unjunë çivile, pronounced [uˈnjunə, -nɯ tʃiˈvile]
- Catalan: unió sivil, pronounced [uniˈo siˈvil]
- Corsican: unione civili, pronounced [uˈnjone tʃiˈvili]
- Emilian-Romagnol: ugnòṅ sivìl
- Franco-Provençal: union sivila
- French: union civile,[43] pronounced [ynjɔ̃ sivil]
- Friulian: union civîl
- German: eingetragene Lebenspartnerschaft,[44] pronounced [ˈaɪ̯nɡəˌtʁaːɡənə ˈleːbm̩sˌpaʁtnɐʃaft]
- Greek: αστική ένωση, astikí énosi
- Ladin: union zivila, pronounced [uˈnjoŋ tsiˈvila]
- Ligurian: union çivile, pronounced [yˈnjuŋ siˈviːle]
- Lombard: union civil, pronounced [yˈnjũː tʃiˈʋil]
- Neapolitan: aunione civile
- Occitan: union civila, pronounced [yˈnju siˈvilɔ, -ˈβilɔ]
- Piedmontese: union sivila, pronounced [yˈnjʊŋ siˈʋila]
- Sardinian: unione civile, pronounced [uˈnjone tsiˈvile]
- Sicilian: unioni civili, pronounced [uˈnjɔni tʃiˈvili]
- Slovene: partnerska zveza,[45] pronounced [ˈpàːɾtnɛɾska ˈzʋéːza]
- Venetian: union siviłe, pronounced [uˈnjoŋ siˈviɰe, -le]
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External links
[edit]- "LEGGE 20 maggio 2016, n. 76 (Regolamentazione delle unioni civili tra persone dello stesso sesso e disciplina delle convivenze)". gazetteaufficiale.it (in Italian).
- "Cosa sono le unioni civili?". dirittierisposte.it (in Italian).