Civil Unions In Italy
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Italy has recognised same-sex civil unions ( it, unione civile); german: eingetragene Lebenspartnerschaft; sc, unione civile; lld, uniun zivila; sl, civilna zveza. since 5 June 2016, providing same-sex couples with most of the legal protections enjoyed by opposite-sex
married couples Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
. A bill to allow such unions, as well as gender-neutral registered partnerships, was approved by the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
on 25 February 2016 and the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
on 11 May and signed into law by the Italian President on 20 May of the same year. The law was published in the official gazette the next day and took effect on 5 June 2016. 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.


History

In 1986, the Inter-parliamentary Women's Communist group and
Arcigay Arcigay is Italy's first and largest worldwide gay organisation. The association was first founded as a local association in Palermo in 1980, then nationally established in Bologna in 1985. The organisation became known throughout Italy for its c ...
( Italy's main gay rights organization) for the first time raised the issue of civil unions within the Italian Parliament. This was led by Ersilia Salvato in the
Italian Senate The Senate of the Republic ( it, Senato della Repubblica), or simply the Senate ( it, Senato), is the upper house of the bicameral Italian Parliament (the other being the Chamber of Deputies). The two houses together form a perfect bicameral sy ...
and by Romano Bianchi and Angela Bottari in the
lower house A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
who together attempted to introduce the idea of legislation. In 1988, following lobbying by Arcigay, lawyer and socialist parliamentarian Alma Cappiello Agate introduced the first bill in Parliament (PdL N. 2340, ''Directive on the de facto family'', 12 February 1988), calling for the acknowledgement of cohabitation between "persons". The bill failed, but Cappiello's proposal received wide coverage in the press (where some journalists spoke about second-class marriage), and acknowledged for the first time the possibility of
homosexual Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
unions. 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 homosexuals on marriage and adoption. During the Parliament's XIII Legislature, at least ten bills were presented (by
Nichi Vendola Nicola "Nichi" Vendola (; born 26 August 1958) is an Italian left-wing politician and LGBT activist who was a Member of the Chamber of Deputies from Apulia from 1992 to 2005 and President of Apulia from 2005 to 2015. He is one of the first o ...
, Luigi Manconi, Gloria Buffo, Ersilia Salvato, Graziano Cioni, Antonio Soda,
Luciana Sbarbati Luciana Sbarbati (born 10 May 1946 in Rome) is an Italian politician. She is a substitute for the Committee on Budgets and a member of the Delegation to the EU-Romania Joint Parliamentary Committee. Biography Graduated in philosophy and psyc ...
, Antonio Lisi, Anna Maria De Luca, and Mauro Paissan), none of which made it to a discussion on the floor of the House. In September 2003, the European Parliament approved a new resolution on human rights against discrimination on the grounds of sexual orientation. Each member state had to confirm it would work to abolish any form of discrimination, legislative or de facto. During the XIV Legislature, a few 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 legalising same-sex marriage. However, the French model of PACS 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 MP Grillini tabled a bill to the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
introducing so-called civil solidarity pacts; it ultimately failed but had been supported by 161 centre-left MPs and PACS remained a centrepiece for the public discourse on same-sex couples' rights in Italy. This changed in 2005 when Spain's passage of same-sex marriage received wide coverage in Italy and triggered extensive political discussions.


2006-08: failed attempt to legalise domestic partnerships (DICO)

During the 2006 electoral campaign, the then leader of the opposition, Romano Prodi, promised to give legal rights to de facto couples if elected. Prodi's left-of-centre coalition subsequently won a majority in Parliament and was able to form the Prodi II Government. In February 2007 the government tabled a draft bill to recognise
domestic partnership A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee r ...
s under the name '' Diritti e doveri delle persone stabilmente Conviventi'' (DICO; English: ''Rights and duties of stable cohabitants''). The bill faced considerable opposition from the Catholic Church, and in the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
from the majority of the right-wing opposition and even from certain elements within Prodi's own 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 and in order to avoid it being forfeited by Prodi. Thousands of activists waved alarm clocks in the air, signalling it was high time for such a law. Some government officials (such as the Minister for Equal Opportunities, Barbara Pollastrini, and the Minister for Social Solidarity, Paolo Ferrero) took part in the demonstration and were later criticized by Prodi for their participation. Two days later, the Conference of Italian Bishops (CEI) staged a counter-demonstration, also in Rome. Police sources claim that about 800,000 people went to the demonstration, including some Catholic government ministers such as Clemente Mastella and
Giuseppe Fioroni Giuseppe Fioroni (born 14 October 1958), often nicknamed Beppe, is an Italian politician, member of the Democratic Party. Early life and education Fioroni was born on 14 October 1958 in Viterbo. He is a graduate in medicine. Career Fioroni se ...
. On 16 June, the annual Rome Gay Pride hit a record attendance of about 1,000,000 demonstrators. The
Pride parade A pride parade (also known as pride march, pride event, or pride festival) is an outdoor event celebrating lesbian, gay, bisexual, transgender, and queer culture, queer (LGBTQ) social and self-acceptance, achievements, LGBT rights by country o ...
had a strong political flavour, as LGBT associations meant it to be a response to the opposition demonstrations. Later in the year, the DICO bill was merged with other civil union proposals and the Senate's Judiciary Committee discussed a new draft known as ''Contratto di Unione Solidale'' (''Contract for Social Unions''). Nevertheless, in February 2008, an early election was called, thus dissolving the incumbent Parliament, and all pending legislation died in committee. Two Italian filmmakers,
Gustav Hofer Gustav Hofer (Sarntal, 9 May 1976) is an Italian film director, screenwriter, journalist and TV host. Biography Gustav Hofer graduated in "Communication sciences" in Vienna and then in "Cinema" in London. Later he moved to Rome where in 199 ...
and Luca Ragazzi, followed the whole discussion of the DICO law and made an award-winning documentary ''Suddenly, Last Winter'' (''Improvvisamente l'inverno scorso'').


2008-15: new developments at judicial and local level

After the general elections of April 2008, there was no majority in Parliament in favour of legal recognition for same-sex unions. Although the governing majority ( The People of Freedom -
Lega Nord Lega Nord (; acronym: LN), whose complete name is (), is a right-wing, federalist, populist and conservative political party in Italy. In the run-up of the 2018 general election, the party was rebranded as (), without changing its official n ...
) of the
Berlusconi Silvio Berlusconi ( ; ; born 29 September 1936) is an Italian media tycoon and politician who served as Prime Minister of Italy in four governments from 1994 to 1995, 2001 to 2006 and 2008 to 2011. He was a member of the Chamber of Deputies f ...
Government was elected without promising any improvement for same-sex couples' rights, some party MPs (such as the Minister for Innovation and Public Administration,
Renato Brunetta Renato Brunetta (born 15 May 1950) is an Italian economist and politician. He was the Minister of Public Administration and Innovation from 8 May 2008 to 16 November 2011 in the Berlusconi government, and he is, once again, the minister for Pu ...
, along with Lucio Barani and Francesco De Luca) attempted to act independently and submitted legislation to the Parliament. A proposed private member's bill called DiDoRe (''Diritti e Doveri di Reciprocità dei conviventi'', English: ''Mutual rights and duties for cohabiting partners'') was introduced, but 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. Following the demise of the Berlusconi IV Cabinet in 2011, the new Monti Government did not enact either any legislation recognising same-sex relationships. In these years, however, a number of significant developments came from the Italian judicial system and local politics.


Landmark judicial rulings

In 2009, a same-sex couple from
Venice Venice ( ; it, Venezia ; vec, Venesia or ) is a city in northeastern Italy and the capital of the Veneto Regions of Italy, region. It is built on a group of 118 small islands that are separated by canals and linked by over 400  ...
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. 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. 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 A member state is a state that is a member of an international organization or of a federation or confederation. Since the World Trade Organization (WTO) and the International Monetary Fund (IMF) include some members that are not sovereign 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. 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. 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 A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
upheld the 2010 judgement of the Constitutional Court, by stating that opening marriage to same-sex couples was not unconstitutional, nor was it a constitutional right, but a parliament decision only, as well as introducing civil unions or civil partnerships. On 21 July 2015 the European Court of Human Rights, in the case ''
Oliari and Others v. Italy ''Oliari and Others v. Italy'' (Application nos. 18766/11 and 36030/11) is a case decided in 2015 by the European Court of Human Rights (ECtHR) in which the Court established a positive obligation upon member states to provide legal recognition f ...
'', ruled that Italy violated the European Convention on Human Rights by not recognising same-sex couples' right to family life.


Local civil union registries and other local initiatives

In July 2012 Giuliano Pisapia, mayor of Milan, Italy's second-largest city, promised to introduce a formal register of same-sex civil unions at city level, which would be designed to afford some legal protections to same-sex couples who cohabit, but these 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". On 27 July 2012 the Town Council approved the register in a 29-7 vote. In January 2013 a hospital in Padua recognized same-sex parents for the first time in Italy. The hospital replaced the words "mother" and "father" with the gender-neutral word "parent". In August 2013, a Venice city councillor proposed to replace the word "mother" and "father" in local documents (on local school premises) with the words "parent 1" and "parent 2" (''genitore 1'' and ''genitore 2''). The project ignited a debate in which the Minister of Integration, Cécile Kyenge, intervened and praised the bid. The motion was later not pursued. The Venice proposal then arrived in Bologna, where the executive body of the city proposed an alternative resolution, replacing "mother" and "father" with "parent" and "other parent" (''genitore'' and ''altro genitore''). In January 2015, the Rome City Council approved, in a 32-10 vote, a civil union registry, allowing same-sex and opposite-sex civil unions to be registered in the city. The registry came into effect on 21 May 2015. That day, 20 couples, 14 of them same-sex and six of them opposite-sex, got married at Rome's City Hall. On 4 March 2015, the Sicilian Regional Assembly voted by 50 votes to 5 (with 15 abstaining) in favour of the creation of a regional civil union register that allows couples of any sex to access all regional government benefits. The law was strongly supported by
Rosario Crocetta Rosario Crocetta (born 8 February 1951) is an Italian politician. He was the first openly gay mayor in Italy when he became Mayor of Gela in 2003, a post he held until 2009. A prominent figure in the fight against the Sicilian Mafia, in 2009 he ...
, the first openly gay
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. Liguria and Sicily are the only two regions with such legislation. By early 2016, more than 320 municipalities and cities throughout Italy had introduced civil union registries (''registro delle unioni civili'') providing same-sex couples with formal recognition and equal access to municipal services as other cohabiting or married opposite-sex couples. Due to the limited number of services managed at 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, Bologna, Padua, Florence,
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, Bolzano,
Palermo Palermo ( , ; scn, Palermu , locally also or ) is a city in southern Italy, the capital (political), capital of both the autonomous area, autonomous region of Sicily and the Metropolitan City of Palermo, the city's surrounding metropolitan ...
, Naples, Milan, Genoa,
Bari Bari ( , ; nap, label= Barese, Bare ; lat, Barium) is the capital city of the Metropolitan City of Bari and of the Apulia region, on the Adriatic Sea, southern Italy. It is the second most important economic centre of mainland Southern Italy a ...
,
Catania Catania (, , Sicilian and ) is the second largest municipality in Sicily, after Palermo. Despite its reputation as the second city of the island, Catania is the largest Sicilian conurbation, among the largest in Italy, as evidenced also by ...
, Brescia and Turin.


Civil unions

In July 2012 the
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...
approved its platform on civil rights, including legal recognition of same-sex unions. The secular wing of the party tried to pass a motion in favour of same-sex marriage, but did not gather enough support from the party committee for civil rights. The following day, the leader of the
Five Star Movement The Five Star Movement ( it, Movimento 5 Stelle , M5S) is a political party in Italy. Its leader and president is Giuseppe Conte, Prime Minister of Italy from 2018 until 2021. The M5S was founded on 4 October 2009 by Beppe Grillo, a comedian an ...
,
Beppe Grillo Giuseppe Piero "Beppe" Grillo (; born 21 July 1948) is an Italian comedian, actor, blogger, and politician. He has been involved in politics since 2009 as the co-founder (together with Gianroberto Casaleggio) of the Italian Five Star Movement ...
, criticised the decision and spoke out in favour of marriage for same-sex couples. Following the
2013 Italian general election The 2013 Italian general election was held on 24 and 25 February 2013 to determine the 630 members of the Chamber of Deputies and the 315 elective members of the Senate of the Republic for the 17th Italian Parliament. The centre-left alliance ...
, on 28 April 2013 the
Letta Government The Letta government was the 62nd government of the Italian Republic. In office from 28 April 2013 to 22 January 2014, it comprised ministers of the Democratic Party (PD), The People of Freedom (PdL), Civic Choice (SC), the Union of the Cent ...
, a grand coalition cabinet, was formed by some members from PD,
PdL PDL is an initialism for: Politics *Democratic Liberal Party (Romania), Democratic Liberal Party (''Partidul Democrat Liberal''), a former political party in Romania *Labour Democratic Party (''Partito Democratico del Lavoro''), a former politi ...
and SC. Only the Democratic Party and SEL pledged support to same-sex relationship 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 decades. The same month, an Italian judge registered an English civil partnership contracted by two Italian men. The registration occurred in Milan and the couple was registered in the local civil union register approved in 2012. The Equalities Minister, Josefa Idem (PD), then announced she would introduce a parliamentary bill which would recognise same-sex unions and cohabitants rights. In June, the Justice Commission of the Italian
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
started to examine several bills concerning the recognition of same-sex couples. Three bills (S.15, S.204 and S.393) were planned to allow same-sex couples to marry and the other three (S.197, S.239 and S.314) would allow them (and opposite-sex couples) to register their partnership as cohabitants.


Passage of legislation under the Renzi Government

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
registered partnerships A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
that were available in Germany between 2001 and 2017 as a model for new legislation to be introduced in Italy. German partnerships were open to same-sex couples only and by 2013 their scope had expanded coming to be equivalent to marriage except in name and in terms of full adoption rights. After the Letta government lost a confidence vote in Parliament in January 2014, Renzi was able to form a new majority and became Prime Minister on 22 February 2014. Leading Italian politicians such as Ignazio Marino, the Mayor of Rome,
Giuliano Pisapia Giuliano Pisapia (; born 20 May 1949) is an Italian lawyer, politician, former mayor of Milan, former member of the Italian Parliament and member of the European Parliament. As a politician, he has been a member of two left-wing parties, first P ...
of Milan, and
Virginio Merola Virginio Merola (born 14 February 1955) is an Italian politician. Merola is a member of the Democratic Party and former Mayor of Bologna. Early life Virginio Merola was born on 14 February 1955 in Santa Maria Capua Vetere in the Province of Case ...
of Bologna, pressed for such legislation to be urgently passed.''Agence France Presse'', 7 June 2014
Rome’s Gay Pride Marchers Call On Government To Recognize Same-Sex Civil Unions
/ref> The government tabled a bill in Autumn 2014 to be debated in Parliament, without the use of a government decree or of a confidence motion that would have accelerated the parliamentary discussion. The bill was reviewed by the Senate's Justice Committee and it was delayed several times due to the
New Centre-Right New Centre-Right ( it, Nuovo Centrodestra, NCD) was a centre-right political party in Italy. The party was launched on 15 November 2013 by a group of dissidents of The People of Freedom (PdL) who opposed the party's transformation into Forza Ita ...
filibustering. The bill would have guaranteed the same benefits reserved for marriage, but it would have been available to same-sex couples only. Furthermore, stepchild
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...
was included while joint adoption wasn't. It was supported by a large majority: the
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...
, the
Five Star Movement The Five Star Movement ( it, Movimento 5 Stelle , M5S) is a political party in Italy. Its leader and president is Giuseppe Conte, Prime Minister of Italy from 2018 until 2021. The M5S was founded on 4 October 2009 by Beppe Grillo, a comedian an ...
, half of
Forza Italia Forza ItaliaThe name is not usually translated into English: ''forza'' is the second-person singular imperative of ''forzare'', in this case translating to "to compel" or "to press", and so means something like "Forward, Italy", "Come on, Ital ...
, and
Left Ecology Freedom Left Ecology Freedom ( it, Sinistra Ecologia Libertà, SEL) was a democratic socialist political party in Italy whose bulk was formed by former members of the Communist Refoundation Party. The party's leader was Nichi Vendola, a former President ...
. Some MPs opposed stepchild adoption, while others demanded same-sex marriage. On 10 June 2015, the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
, which is the lower house of the Italian Parliament, passed a motion that obliged the Renzi Government to approve a bill on civil unions for same-sex couples. All major parties presented different motions, and all were rejected except for that of the Democratic Party. Just some days prior, the European Parliament passed a motion requesting the members of the European Union to recognise same-sex relationships and families; however, the motion did not have the force of law. On 6 October 2015 a proposal merging several previous bills and establishing same-sex civil unions and gender-neutral cohabitation agreements was submitted to the
Italian Senate The Senate of the Republic ( it, Senato della Repubblica), or simply the Senate ( it, Senato), is the upper house of the bicameral Italian Parliament (the other being the Chamber of Deputies). The two houses together form a perfect bicameral sy ...
by
Monica Cirinnà Monica Cirinnà (born 15 February 1963) is an Italian politician and a senator of the Democratic Party from 2013 to 2022. Biography Cirinnà graduated in law in 1993 at Sapienza University of Rome The Sapienza University of Rome ( it, Sa ...
, MP for the ruling
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...
. The bill had its first reading in the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
on 14 October 2015. Although
Berlusconi Silvio Berlusconi ( ; ; born 29 September 1936) is an Italian media tycoon and politician who served as Prime Minister of Italy in four governments from 1994 to 1995, 2001 to 2006 and 2008 to 2011. He was a member of the Chamber of Deputies f ...
, leader of the opposition party
Forza Italia Forza ItaliaThe name is not usually translated into English: ''forza'' is the second-person singular imperative of ''forzare'', in this case translating to "to compel" or "to press", and so means something like "Forward, Italy", "Come on, Ital ...
, declared his support for both the recognition of same-sex couples and stepchild adoption, many MPs from his party criticised or opposed the bill. Stepchild adoption was soon considered the most contentious issue across party lines and it was vehemently opposed by
New Centre-Right New Centre-Right ( it, Nuovo Centrodestra, NCD) was a centre-right political party in Italy. The party was launched on 15 November 2013 by a group of dissidents of The People of Freedom (PdL) who opposed the party's transformation into Forza Ita ...
, a small Christian Democrat party participating in the Renzi cabinet and whose votes were necessary to reach a majority in the Senate, where the Government only had a slim majority. Failing to garner external support in Parliament, the government asked for a confidence vote on the bill, having removed the contentious provisions on stepchild adoption. On 25 February 2016 the bill was approved by the Italian Senate in a 173-71 vote. The law provides same-sex couples with most of the rights of marriage except parenting (stepchild or joint adoption) and reproductive rights (IVF for lesbian couples). The bill passed to the Chamber of Deputies where a vote was expected no earlier than mid-May. On 8 March, the Justice Committee of the Chamber of Deputies started discussing the bill. During the nocturnal session of 19–20 April, the Committee sent the bill to the floor for the general debate. On 27 April, House parties' speakers decided to start the debate on 9 May and to end it on 12 May. On 11 May, the Chamber of Deputies approved the bill by 372 to 51 votes in favour, with 99 abstentions. It was subsequently signed by President Sergio Mattarella on 20 May. The law was published in the official gazette on 21 May and took effect on 5 June 2016. On 21 July, the
Italian Council of State The Consiglio di Stato ( en, Council of State) is a legal-administrative consultative body that ensures the legality of public administration in Italy. The council has jurisdiction on acts of all administrative authorities, except when these author ...
approved a government decree setting civil union registries across the country, allowing the first civil unions to be registered in Italy in the upcoming days. On 24 July, the first same-sex couple entered into a civil union, in Castel San Pietro Terme, near Bologna.


Same-sex marriage

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 The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
in July 2002. 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".. In July 2012 he also submitted a bill to the Chamber, 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. 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

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. Grosseto was followed by the cities of Bologna, Naples and Fano in July 2014,
Empoli Empoli () is a town and ''comune'' in the Metropolitan City of Florence, Tuscany, Italy, about southwest of Florence, to the south of the Arno in a plain formed by the river. The plain has been usable for agriculture since Roman times. The comm ...
,
Pordenone Pordenone (; Venetian and fur, Pordenon) is the main ''comune'' of Pordenone province of northeast Italy in the Friuli Venezia Giulia region. The name comes from Latin ''Portus Naonis'', meaning 'port on the Noncello (Latin ''Naon'') River'. ...
, Udine and Trieste in September 2014, and Florence,
Piombino Piombino is an Italian town and ''comune'' of about 35,000 inhabitants in the province of Livorno (Tuscany). It lies on the border between the Ligurian Sea and the Tyrrhenian Sea, in front of Elba Island and at the northern side of Maremma. Ove ...
, Milan, Rome and
Livorno Livorno () is a port city on the Ligurian Sea on the western coast of Tuscany, Italy. It is the capital of the Province of Livorno, having a population of 158,493 residents in December 2017. It is traditionally known in English as Leghorn (pronou ...
in October 2014. In 2014 the then
Minister of the Interior An interior minister (sometimes called a minister of internal affairs or minister of home affairs) is a cabinet official position that is responsible for internal affairs, such as public security, civil registration and identification, emergency ...
,
Angelino Alfano Angelino Alfano (; born 31 October 1970) is an Italian former politician who served as Minister of Foreign Affairs from 12 December 2016 to 1 June 2018. Alfano was Minister of the Interior from 28 April 2013 to 12 December 2016, serving in the g ...
, ordered all prefects to invalid 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. 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. 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. 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. However, the court also found that overseas marriages could not be recognized in Italy because of the lack of domestic legislation. 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. 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. On 31 January 2017, the
Italian Constitutional Court The Constitutional Court of the Italian Republic ( it, Corte costituzionale della Repubblica Italiana) is the highest court of Italy in matters of constitutional law. Sometimes, the name ''Consulta'' is used as a metonym for it, because its sessi ...
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 Santo Stefano del Sole is a town and ''comune'' in the province of Avellino, in the Campania region of southern Italy. The town is bordered by Atripalda, Cesinali, San Michele di Serino, Santa Lucia di Serino, Serino Serino is a town and '' ...
, 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 ( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of t ...
''. 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. 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. 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.


Political developments following the passage of civil unions

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) Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa * Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party * De ...
and Senator Maiorino of the Five Star Movement (M5S), 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 The following elections are scheduled to occur in 2022. The National Democratic Institute also maintains a calendar of elections around the world. * 2022 United Nations Security Council election * 2022 national electoral calendar * 2022 local ...
same-sex marriage rose to prominence in Italian politics for the first time.
M5S The Five Star Movement ( it, Movimento 5 Stelle , M5S) is a political party in Italy. Its leader and president is Giuseppe Conte, Prime Minister of Italy from 2018 until 2021. The M5S was founded on 4 October 2009 by Beppe Grillo, a comedian an ...
, 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). 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. As of October 2022, three bills have been presented to the Senate by Senator
Malpezzi Malpezzi is an Italian surname. Notable people with the surname include: * Donna Malpezzi, American lawyer * Simona Malpezzi (born 1972), Italian politician See also * Malvezzi Malvezzi is an Italian surname. Members of an aristocratic family from ...
of PD, Senator Maiorino of
M5S The Five Star Movement ( it, Movimento 5 Stelle , M5S) is a political party in Italy. Its leader and president is Giuseppe Conte, Prime Minister of Italy from 2018 until 2021. The M5S was founded on 4 October 2009 by Beppe Grillo, a comedian an ...
and Senator Scalfarotto of Action – Italia Viva (A-IV) and one bill to the Chamber of Deputies by MP Grimaldi of AVS.


Statistics

From July 2016 to late August 2016, 12 same-sex civil unions were performed in Italy. Turin performed one civil union, with 50 more ceremonies planned for the coming months. In Milan, six civil unions were performed with another 220 planned. Two civil unions took place in Florence and one in Naples. No civil unions took place in Rome in that period, but 111 civil union ceremonies followed in the coming months, of which 109 were between same-sex couples. The first civil union in Rome was performed on 17 September 2016.


Religious views


Roman Catholic Church

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. 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 Angelo Bagnasco (; born 14 January 1943) is an Italian Cardinal of the Catholic Church. He was Archbishop of Genoa from 2006 to 2020. He was President of the Italian Episcopal Conference (CEI) from 2007 to 2017 and was elevated to the rank of ...
(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. 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. He has also described civil unions and same-sex marriages as a "Trojan horse" that fundamentally weaken the institution of the family. 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 A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
: "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". 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 Italian Episcopal Conference ( it, Conferenza Episcopale Italiana) or CEI is the episcopal conference of the Italian bishops of the Catholic Church, the official assembly of the bishops in Italy. The conference was founded in 1971 and carrie ...
, the official assembly of the Catholic bishops in Italy and the main body coordinating political relations between the Catholic Church and the Italian state. 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 In Christian denominations, an archbishop is a bishop of higher rank or office. In most cases, such as the Catholic Church, there are many archbishops who either have jurisdiction over an ecclesiastical province in addition to their own archdi ...
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.


Other churches

The Union of Methodist and Waldensian Churches became the first Italian Christian denomination to permit the blessings of same-sex couples in 2010. The
Lutheran Evangelical Church in Italy The Lutheran Evangelical Church in Italy ( it, Chiesa Evangelica Luterana in Italia, german: Evangelisch-Lutherische Kirche in Italien, abbreviated CELI or ELKI) is a Protestant denomination in the Lutheran tradition in Italy. Founded in 1949, th ...
has allowed the blessings of same-sex unions since 2011.


Public opinion

During a protest on 13 January 2007, 50,000
gay rights Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Notably, , 3 ...
activists, according to the police, protested in Milan in favour of the creation of a new law regulating same-sex unions. 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. 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. 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. 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%. 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%). 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. According to an Ifop poll, conducted in May 2013, 42% of Italians supported allowing same-sex couples to marry and adopt children. An October 2014 Demos poll found that 55% of respondents were in favour of same-sex marriage with 42% against. The 2015 Eurobarometer found that 55% of Italians thought that same-sex marriage should be allowed throughout Europe, 35% were against. 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. 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%). A
Pew Research Center The Pew Research Center is a nonpartisan American think tank (referring to itself as a "fact tank") based in Washington, D.C. It provides information on social issues, public opinion, and demographic trends shaping the United States and the w ...
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. When divided by religion, 83% of religiously unaffiliated people, 70% of non-practicing Christians and 44% of church-attending Christians supported same-sex marriage. Opposition was 27% among 18-34-year-olds. 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. According to a May 2019 Ipsos poll, 58% of Italians were in favour of same-sex marriage. The 2019 Eurobarometer found that 58% of Italians thought same-sex marriage should be allowed throughout Europe, 35% were against.


See also

* LGBT rights in Italy *
Recognition of same-sex unions in Europe Recognition may refer to: *Award, something given in recognition of an achievement Machine learning *Pattern recognition, a branch of machine learning which encompasses the meanings below Biometric *Recognition of human individuals, or biometr ...


Notes


References


External links

* * {{Recognition of same-sex unions in Europe LGBT rights in Italy Italy