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Italian court was to rule on marriage equality today

Timothy Kincaid

March 23rd, 2010

italyAccording to gayrights.change,

Next Tuesday [today], the Italian Constitutional Court will decide whether several provisions under Italy’s civil code that currently restrict marriage to just “one man, one woman” are unconstitutional.

From Italian organization Certi Diritti, (Google translation)

On 23 March 2010 the Constitutional Court will rule on the legality of the refusal of publication of banns received by two pairs of same-sex couples who had received from their common denial of the request for publication of banns.

The municipalities are those of Venice and that of Trent, whose courts, sued by lawyers Lenford Network – Law for LGBT rights, decided to refer the decision on the constitutionality of the ban on marriage between two persons of the same sex.

If the court has published its decision, I have not been able to find it. I’ll report more when it’s known

(hat tip to reader volpi)

UPDATE: The court has postponed announcing any decision until after the Easter holidays. Considering the international attention to be paid to the Vatican over the next two weeks as Catholicism observes its most holy holiday, this may possibly be an indication of positive news for gay Italians.



March 23rd, 2010 | LINK

They delayed the ruling until tomorrow morning.

March 23rd, 2010 | LINK

or April 12. I’m not positive, as I’ve read things that have said both.,23519182.html

Tony P
March 23rd, 2010 | LINK

Sh!t, let this be so. I’ll scrape up the ten grand I need to get my Italian citizenship and move there! Of course the problem is, my SO can’t do it, no Italian ancestry whatsoever.

Problems, problems.

March 24th, 2010 | LINK

As if Italy was going to legalize gay marriage anytime soon lol.

I’m European, and I can tell you, Italy is the most backward country of Western Europe concerning social issues (well, not only social issues actually, but let’s not get into it). It’s basically a theocracy.

If Italy legalizes gay marriage before the end of the year, I’ll be happy to eat my hat.

Ben in Oakland
March 24th, 2010 | LINK

Charles: masy I be the one to provide you with salt and pepper!

March 24th, 2010 | LINK

Tony, If you’re an Italian citizen you’re also an EU citizen, which gives you (amongst other things) residency & employment rights in any EU or EFTA state (EFTA: Iceland, Norway, Switzerland & Leichtenstein). In most EU/EFTA states (although not yet in Italy) any legal resident (including but not limited to EU/EFTA citizens) can sponsor their partner for residency, whether through marriage or an equivalent (CP, RP, PACS, etc.) or laws that cover unmarried partners, such as those in PT, UK, HU etc.

E.g. a US-born Maltese citizen would be able to get a Norwegian spousal visa for her Russian wife, allowing them to live together in Hell (or any other town or city in Norway).

March 24th, 2010 | LINK

In fact next sunday we shall have regional elections in almost all regions. after that there are no planned elections of national importance until 2013. we are all happy that the court delayed the sentence until after easter. Berlusconi says every day that our judiciary is controlled by the left and it is not wise to give him another talking point.Italy is more socially conservative than others western european states,but there are some very good 2005 people in puglia,one of the most important regions in southern italy,elected an openly gay governor, Nichi Vendola and the law about transgender people is very progressive.

March 24th, 2010 | LINK

the constitutional case has had a very strange history. In 2006 center left won political elections promising some protections for non-married couples,gay or italian groups decided that asking same-sex marriage or a similar institution was harmful .the text that was offered was very weak and probably useless ,but the catholic church organized opposition and the law was blocked in a parliamentary committee until 2008 ,when the center-left coalition collapsed and berlusconi was reelected. we knew that for 5 years the political way was closed and some groups soffered a period of serious weakness and delusion. a group connected to the italian radical party(it is not a leftist party,it is a libertarian party) certi diritti and a lgbt lawyers group(Lenford net) organized the cases in a quasi total silence of the lgbt community and of arcigay ,our hrc.two weeks ago in facebook and in blogs all gay activists began to speak about the sentence.We don’t know exactly why but it was a stealth case.Only today the secretary of the democratic party Bersani said for a second time that he doesn’t support marriage equality.(but he does not support separate but equal union neither).I can advise you to read the blog of cristiana alicata,a lgbt activist and candidate.But the language barrier is probably strong.

March 24th, 2010 | LINK

a last information . the court can give much help to the lgbt cause also if reyects the constituional equality argument.The christian right said that the article 29 of the constitution ” the republic recognizes the rights of family as natural society grounded on marriage” as a ban on same-sex marriage .Although this interpretation was laughable it was disseminated as a truth in a Goebbel -like way.The court will at least dispute this mock-reasoning .

Timothy Kincaid
March 24th, 2010 | LINK


Thank you for keeping us informed. The English speaking press has been virtually silent on this case.

John D
March 24th, 2010 | LINK

I’m no expert in Italian constitutional law (or anyone else’s) but there in Article 3 is the complete equality of the sexes. Later on we get separation of church and state. Certainly the Italian Constitution seems to imply that same-sex couples should have the same rights as opposite-sex couples.

I’m not sure why Tony needs ten grand to acquire Italian citizenship. I’ve looked into it for myself and getting a service to do the research and translations would seem to be under a grand. I need to look into the rules of recognized translations, since a neighbor is a native of Ferrara. She’d probably charge less. Documents and the apostiles aren’t much.

Finally, I understand that if an American acquires Italian citizenship, their spouse may obtain citizenship as well.

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