Recognition of same-sex unions in Italy
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Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
has recognised same-sex
civil union 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 ...
s ( it, unione civile); german: eingetragene Lebenspartnerschaft; sc, unione civile; lld, uniun zivila; sl, civilna zveza. since 5 June 2016, providing
same-sex couples A same-sex relationship is a romantic or sexual relationship between people of the same sex. ''Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries ...
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 ...
. 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 Res ...
on 11 May and signed into law by the
Italian President The president of Italy, officially denoted as president of the Italian Republic ( it, Presidente della Repubblica Italiana) is the head of state of Italy. In that role, the president represents national unity, and guarantees that Italian poli ...
on 20 May of the same year. The law was published in the
official gazette A government gazette (also known as an official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that has been authorised to publish public or legal notices. It is usually establis ...
the next day and took effect on 5 June 2016. Before this, several
regions In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics (physical geography), human impact characteristics (human geography), and the interaction of humanity and t ...
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 Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
's main gay rights organization) for the first time raised the issue of civil unions within the
Italian Parliament The Italian Parliament ( it, Parlamento italiano) is the national parliament of the Italian Republic. It is the representative body of Italian citizens and is the successor to the Parliament of the Kingdom of Italy (1861–1943), the transitio ...
. 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 s ...
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 Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes the ...
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 pe ...
unions. During the 1990s, a succession of civil union bills was regularly introduced and rejected in Parliament, bolstered by discussion in the
European Parliament The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...
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 psych ...
, 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 The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...
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 ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with '' de jure'' ("by l ...
. 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 The Democrats of the Left ( it, Democratici di Sinistra, DS) was a social-democratic political party in Italy. The DS, successor of the Democratic Party of the Left (PDS) and the Italian Communist Party, was formed in 1998 upon the merger of th ...
, 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 Res ...
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 Romano Antonio Prodi (; born 9 August 1939) is an Italian politician, economist, academic, senior civil servant, and business executive who served as the tenth president of the European Commission from 1999 to 2004. He served twice as Pr ...
, 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 ...
s under the name ''
Diritti e doveri delle persone stabilmente Conviventi DiCo, an acronym for ''Diritti e doveri delle persone stabilmente conviventi'' (Rights and Duties for Stably Cohabiting People), refers to a Bill (proposed law), bill presented to the Italian Senate, Senate of Italian Parliament on 8 February 2007 ...
'' (DICO; English: ''Rights and duties of stable cohabitants''). The bill faced considerable opposition from the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
, 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 , established_title = Founded , established_date = 753 BC , founder = King Romulus ( legendary) , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , map_caption ...
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 Barbara Pollastrini (born 30 September 1947 in Darfo Boario Terme, Province of Brescia) is an Italian politician and university professor. During the Protests of 1968, she joined the Maoist organization Servire il Popolo, becoming also the dir ...
, 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 Mario Clemente Mastella (born 5 February 1947) is an Italian politician who has served as the mayor of Benevento since 20 June 2016. He is the leader of Union of Democrats for Europe, a minor centrist Italian party. He was Minister of Labour i ...
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 LGBT pride (also known as gay pride or simply pride) is the promotion of the self-affirmation, dignity, equality, and increased visibility of lesbian, gay, bisexual, and transgender (LGBT) people as a social group. Pride, as opposed to s ...
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 (LGBTQ) social and self-acceptance, achievements, legal rights, and pride. The events som ...
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 1999, ...
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 The People of Freedom ( it, Il Popolo della Libertà, PdL) was a centre-right political party in Italy. The PdL, launched by Silvio Berlusconi on 18 November 2007, was initially a federation of political parties, notably including Forza Italia a ...
-
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 offici ...
) 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 fr ...
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 ...
, 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 A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
concerned at a possible conflict between the Civil Code (which does not allow for same-sex marriage) and articles 3 of the
Italian Constitution The Constitution of the Italian Republic ( it, Costituzione della Repubblica Italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, ...
(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 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 ...
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 s ...
. In 2012 the courts considered the case of a same-sex couple made up of an Italian man who married an
Uruguay Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
an citizen in
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
. In a landmark ruling, the
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 ...
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 t ...
upheld the 2010 judgement of the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
, 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 The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
, in the case '' Oliari and Others v. Italy'', 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 Milan ( , , Lombard: ; it, Milano ) is a city in northern Italy, capital of Lombardy, and the second-most populous city proper in Italy after Rome. The city proper has a population of about 1.4 million, while its metropolitan city ...
, 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 The Archdiocese of Milan ( it, Arcidiocesi di Milano; la, Archidioecesis Mediolanensis) is a Latin Church ecclesiastical territory or archdiocese of the Catholic Church in Italy which covers the areas of Milan, Monza, Lecco and Varese. It has lon ...
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 Padua ( ; it, Padova ; vec, Pàdova) is a city and ''comune'' in Veneto, northern Italy. Padua is on the river Bacchiglione, west of Venice. It is the capital of the province of Padua. It is also the economic and communications hub of the ...
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 Cécile Kashetu Kyenge (; born Kashetu Kyenge, 28 August 1964) is an Italian politician and ophthalmologist. She was the Minister for Integration in the 2013–14 Letta Cabinet. From 2014 until 2019, she was a Member of the European Parliament (M ...
, 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, the first openly gay
President of Sicily This is the list of all the presidents of Sicily since 1947. There has been 24 elected presidents by Regional Council (1947-2001), and 4 directly elected presidents since 2001. ;Elected by the Regional Council (1947–2001) ;Directly-elected ...
.
Liguria Liguria (; lij, Ligûria ; french: Ligurie) is a Regions of Italy, region of north-western Italy; its Capital city, capital is Genoa. Its territory is crossed by the Alps and the Apennine Mountains, Apennines Mountain chain, mountain range and is ...
and
Sicily (man) it, Siciliana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = Ethnicity , demographics1_footnotes = , demographi ...
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 , established_title = Founded , established_date = 753 BC , founder = King Romulus ( legendary) , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , map_caption ...
,
Bologna Bologna (, , ; egl, label= Emilian, Bulåggna ; lat, Bononia) is the capital and largest city of the Emilia-Romagna region in Northern Italy. It is the seventh most populous city in Italy with about 400,000 inhabitants and 150 different na ...
,
Padua Padua ( ; it, Padova ; vec, Pàdova) is a city and ''comune'' in Veneto, northern Italy. Padua is on the river Bacchiglione, west of Venice. It is the capital of the province of Padua. It is also the economic and communications hub of the ...
,
Florence Florence ( ; it, Firenze ) is a city in Central Italy and the capital city of the Tuscany region. It is the most populated city in Tuscany, with 383,083 inhabitants in 2016, and over 1,520,000 in its metropolitan area.Bilancio demografico ...
,
Pisa Pisa ( , or ) is a city and ''comune'' in Tuscany, central Italy, straddling the Arno just before it empties into the Ligurian Sea. It is the capital city of the Province of Pisa. Although Pisa is known worldwide for its leaning tower, the ci ...
,
Bolzano Bolzano ( or ; german: Bozen, (formerly ); bar, Bozn; lld, Balsan or ) is the capital city of the province of South Tyrol in northern Italy. With a population of 108,245, Bolzano is also by far the largest city in South Tyrol and the third ...
,
Palermo Palermo ( , ; scn, Palermu , locally also or ) is a city in southern Italy, the capital of both the autonomous region of Sicily and the Metropolitan City of Palermo, the city's surrounding metropolitan province. The city is noted for its ...
,
Naples Naples (; it, Napoli ; nap, Napule ), from grc, Νεάπολις, Neápolis, lit=new city. is the regional capital of Campania and the third-largest city of Italy, after Rome and Milan, with a population of 909,048 within the city's adm ...
,
Milan Milan ( , , Lombard: ; it, Milano ) is a city in northern Italy, capital of Lombardy, and the second-most populous city proper in Italy after Rome. The city proper has a population of about 1.4 million, while its metropolitan city ...
,
Genoa Genoa ( ; it, Genova ; lij, Zêna ). is the capital of the Italian region of Liguria and the sixth-largest city in Italy. In 2015, 594,733 people lived within the city's administrative limits. As of the 2011 Italian census, the Province of ...
,
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 Ital ...
,
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 b ...
,
Brescia Brescia (, locally ; lmo, link=no, label= Lombard, Brèsa ; lat, Brixia; vec, Bressa) is a city and '' comune'' in the region of Lombardy, Northern Italy. It is situated at the foot of the Alps, a few kilometers from the lakes Garda and Iseo ...
and
Turin Turin ( , Piedmontese language, Piedmontese: ; it, Torino ) is a city and an important business and cultural centre in Northern Italy. It is the capital city of Piedmont and of the Metropolitan City of Turin, and was the first Italian capital ...
.


Civil unions

In July 2012 the Democratic Party 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 Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
, 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 I ...
, on 28 April 2013 the Letta Government, a grand coalition cabinet, was formed by some members from PD,
PdL PDL is an initialism for: Politics * Democratic Liberal Party (''Partidul Democrat Liberal''), a former political party in Romania *Labour Democratic Party (''Partito Democratico del Lavoro''), a former political party in Italy *Pole of Freedom ...
and SC. Only the Democratic Party and
SEL Sel is a municipality in Innlandet county, Norway. It is located in the traditional district of Gudbrandsdal. The administrative centre of the municipality is the town of Otta. The municipality also includes several notable villages including ...
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 Milan ( , , Lombard: ; it, Milano ) is a city in northern Italy, capital of Lombardy, and the second-most populous city proper in Italy after Rome. The city proper has a population of about 1.4 million, while its metropolitan city ...
and the couple was registered in the local civil union register approved in 2012. The Equalities Minister,
Josefa Idem Josefa Idem married Guerrini (born 23 September 1964) is an Italian sprint canoer turned politician. Competing in eight Summer Olympics, she has five medals. Winning 35 international medals during her career, Idem was the first Italian woman to ...
(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 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 A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
on 22 February 2014. Leading Italian politicians such as
Ignazio Marino Ignazio Roberto Maria Marino (; born 10 March 1955) is an Italian transplant surgeon who was Mayor of Rome from 2013 to 2015. As a surgeon, he trained with Thomas Starzl, who had pioneered liver transplantion in humans. In 1992–1993, as ...
, the Mayor of Rome, Giuliano Pisapia 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 Caser ...
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 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, fro ...
was included while joint adoption wasn't. It was supported by a large majority: the Democratic Party, 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 Res ...
, 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 The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...
passed a motion requesting the members of the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
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 s ...
by Monica Cirinnà, MP for the ruling Democratic Party. 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 fr ...
, 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, a small Christian Democrat party participating in the
Renzi cabinet The Renzi government was the 63rd government of the Italian Republic, in office from February 2014 to December 2016. It was led by Matteo Renzi, secretary and leader of the centre-left Democratic Party (PD). The government was composed of membe ...
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 President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Sergio Mattarella Sergio Mattarella (; born 23 July 1941) is an Italian politician, jurist, academic and lawyer who has served as the president of Italy since 2015. A Christian leftist politician, Mattarella was a leading member of the Christian Democracy par ...
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 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 Bologna (, , ; egl, label= Emilian, Bulåggna ; lat, Bononia) is the capital and largest city of the Emilia-Romagna region in Northern Italy. It is the seventh most populous city in Italy with about 400,000 inhabitants and 150 different na ...
.


Same-sex marriage

Bills legalising same-sex marriage have been submitted to the
Italian Parliament The Italian Parliament ( it, Parlamento italiano) is the national parliament of the Italian Republic. It is the representative body of Italian citizens and is the successor to the Parliament of the Kingdom of Italy (1861–1943), the transitio ...
several times since Franco Grillini, an MP for the
Democrats of the Left The Democrats of the Left ( it, Democratici di Sinistra, DS) was a social-democratic political party in Italy. The DS, successor of the Democratic Party of the Left (PDS) and the Italian Communist Party, was formed in 1998 upon the merger of th ...
, 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 Res ...
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 Antonio Di Pietro (; born 2 October 1950) is an Italian politician, lawyer and magistrate. He was a minister in government of Romano Prodi, a Senate of the Republic (Italy), Senator, and a Member of the European Parliament. He was a prosecutor i ...
, political leader of the
Italy of Values Italy of Values ( it, Italia dei Valori, IdV) is a populist and anti-corruption political party in Italy. The party was founded in 1998 by former '' Mani pulite'' prosecutor Antonio Di Pietro, who entered politics in 1996 and finally left the p ...
(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 Grosseto () is a city and ''comune'' in the central Italian region of Tuscany, the capital of the Province of Grosseto. The city lies from the Tyrrhenian Sea, in the Maremma, at the centre of an alluvial plain on the Ombrone river. It is the ...
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 Florence ( ; it, Firenze ) is a city in Central Italy and the capital city of the Tuscany region. It is the most populated city in Tuscany, with 383,083 inhabitants in 2016, and over 1,520,000 in its metropolitan area.Bilancio demografico ...
. Grosseto was followed by the cities of
Bologna Bologna (, , ; egl, label= Emilian, Bulåggna ; lat, Bononia) is the capital and largest city of the Emilia-Romagna region in Northern Italy. It is the seventh most populous city in Italy with about 400,000 inhabitants and 150 different na ...
,
Naples Naples (; it, Napoli ; nap, Napule ), from grc, Νεάπολις, Neápolis, lit=new city. is the regional capital of Campania and the third-largest city of Italy, after Rome and Milan, with a population of 909,048 within the city's adm ...
and
Fano Fano is a town and '' comune'' of the province of Pesaro and Urbino in the Marche region of Italy. It is a beach resort southeast of Pesaro, located where the '' Via Flaminia'' reaches the Adriatic Sea. It is the third city in the region by ...
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'. H ...
,
Udine Udine ( , ; fur, Udin; la, Utinum) is a city and ''comune'' in north-eastern Italy, in the middle of the Friuli Venezia Giulia region, between the Adriatic Sea and the Alps (''Alpi Carniche''). Its population was 100,514 in 2012, 176,000 with t ...
and
Trieste Trieste ( , ; sl, Trst ; german: Triest ) is a city and seaport in northeastern Italy. It is the capital city, and largest city, of the autonomous region of Friuli Venezia Giulia, one of two autonomous regions which are not subdivided into pr ...
in September 2014, and
Florence Florence ( ; it, Firenze ) is a city in Central Italy and the capital city of the Tuscany region. It is the most populated city in Tuscany, with 383,083 inhabitants in 2016, and over 1,520,000 in its metropolitan area.Bilancio demografico ...
,
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. ...
,
Milan Milan ( , , Lombard: ; it, Milano ) is a city in northern Italy, capital of Lombardy, and the second-most populous city proper in Italy after Rome. The city proper has a population of about 1.4 million, while its metropolitan city ...
,
Rome , established_title = Founded , established_date = 753 BC , founder = King Romulus ( legendary) , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , map_caption ...
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 ...
, ordered all
prefects Prefect (from the Latin ''praefectus'', substantive adjectival form of ''praeficere'': "put in front", meaning in charge) is a magisterial title of varying definition, but essentially refers to the leader of an administrative area. A prefect's ...
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 Udine ( , ; fur, Udin; la, Utinum) is a city and ''comune'' in north-eastern Italy, in the middle of the Friuli Venezia Giulia region, between the Adriatic Sea and the Alps (''Alpi Carniche''). Its population was 100,514 in 2012, 176,000 with t ...
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 it, Laziale , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = , demographics1_title2 ...
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 A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
, 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 Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
and therefore could not be considered impartial. They promised to take an appeal to the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
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 sess ...
ruled that a same-sex marriage, conducted between two women and performed in
Nord-Pas-de-Calais Nord-Pas-de-Calais (); pcd, Nord-Pas-Calés); is a former administrative region of France. Since 1 January 2016, it has been part of the new region Hauts-de-France. It consisted of the departments of Nord and Pas-de-Calais. Nord-Pas-de-Calais ...
in
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, 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 th ...
''. Thus, refusal to recognize the union was seen as being in direct violation of the
Charter of Fundamental Rights of the European Union The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclai ...
, 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 The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
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 Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
, 2 in the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
and 1 in
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
) 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 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 ...
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 Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
in 2012, and then performed another ceremony in
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of th ...
in 2013. The couple sought to have their marriage recognized under Italian law in
Milan Milan ( , , Lombard: ; it, Milano ) is a city in northern Italy, capital of Lombardy, and the second-most populous city proper in Italy after Rome. The city proper has a population of about 1.4 million, while its metropolitan city ...
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 *Demo ...
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 Leu may refer to: Businesses and organisations * LEU, NYSE American stock symbol for Centrus Energy Corp. * London Ecology Unit, a former body (1986-2000) which advised London boroughs on environmental matters * Free and Equal (''LeU - Liberi e ...
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, 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 of PD, Senator Maiorino of M5S 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 Turin ( , Piedmontese language, Piedmontese: ; it, Torino ) is a city and an important business and cultural centre in Northern Italy. It is the capital city of Piedmont and of the Metropolitan City of Turin, and was the first Italian capital ...
performed one civil union, with 50 more ceremonies planned for the coming months. In
Milan Milan ( , , Lombard: ; it, Milano ) is a city in northern Italy, capital of Lombardy, and the second-most populous city proper in Italy after Rome. The city proper has a population of about 1.4 million, while its metropolitan city ...
, six civil unions were performed with another 220 planned. Two civil unions took place in
Florence Florence ( ; it, Firenze ) is a city in Central Italy and the capital city of the Tuscany region. It is the most populated city in Tuscany, with 383,083 inhabitants in 2016, and over 1,520,000 in its metropolitan area.Bilancio demografico ...
and one in
Naples Naples (; it, Napoli ; nap, Napule ), from grc, Νεάπολις, Neápolis, lit=new city. is the regional capital of Campania and the third-largest city of Italy, after Rome and Milan, with a population of 909,048 within the city's adm ...
. No civil unions took place in
Rome , established_title = Founded , established_date = 753 BC , founder = King Romulus ( legendary) , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , map_caption ...
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 union 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 ...
s 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 Carlo Maria Martini (15 February 1927 – 31 August 2012) was an Italian Jesuit, cardinal of the Catholic Church and a Biblical scholar. He was Archbishop of Milan from 1980 to 2004 and was elevated to the cardinalate in 1983. A towering ...
, 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 Pope Francis ( la, Franciscus; it, Francesco; es, link=, Francisco; born Jorge Mario Bergoglio, 17 December 1936) is the head of the Catholic Church. He has been the bishop of Rome and sovereign of the Vatican City State since 13 March 2013 ...
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 Bologna (, , ; egl, label= Emilian, Bulåggna ; lat, Bononia) is the capital and largest city of the Emilia-Romagna region in Northern Italy. It is the seventh most populous city in Italy with about 400,000 inhabitants and 150 different na ...
, 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 archdio ...
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 The Union of Methodist and Waldensian Churches ( it, Unione delle Chiese Metodiste e Valdesi) is an Italian united Protestant denomination. It was founded in 1975 upon the union of the Waldensian Evangelical Church (a Calvinist church with pre ...
became the first Italian Christian denomination to permit the blessings of same-sex couples in 2010. The Lutheran Evangelical Church in Italy 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, , ...
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 Eurobarometer is a series of public opinion surveys conducted regularly on behalf of the European Commission and other EU Institutions since 1973. These surveys address a wide variety of topical issues relating to the European Union throughout i ...
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 The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
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 it, Piemontese , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = , demographics1_title2 ...
and
Liguria Liguria (; lij, Ligûria ; french: Ligurie) is a Regions of Italy, region of north-western Italy; its Capital city, capital is Genoa. Its territory is crossed by the Alps and the Apennine Mountains, Apennines Mountain chain, mountain range and is ...
, 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 th ...
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 Ipsos Group S.A. () (an acronym of ) is a multinational market research and consulting firm with headquarters in Paris, France. The company was founded in 1975 by Didier Truchot, Chairman of the company, and has been publicly traded on the P ...
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 Lesbian, gay, bisexual, transgender (LGBT) rights in Italy significantly advanced in the 21st century, although LGBT people still face some legal challenges not experienced by non-LGBT residents. According to ILGA-Europe's 2021 report, the stat ...
* Recognition of same-sex unions in Europe


Notes


References


External links

* * {{Recognition of same-sex unions in Europe LGBT rights in Italy
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...