From "La Repubblica" of July 2, 2004 by Marco Politi
Gay couples and civil unions: A summer battle in the Chamber of Deputies
The Justice Committee begins examining the initiatives. This is a historic step for homosexuals. From the Ulivo to Forza Italia, the bills are making their debut in Parliament. The main projects are from the Five Star Movement and the secular Forza Italia. But for now, cross-party consideration is winning. The issues of partners' rights are discussed with varying degrees of emphasis. And marriage is never mentioned.
A kiss at Kiss2PACS on February 14th
ROME – The debate on gay couples and civil unions has begun in Parliament. Consideration of the proposed laws will be scheduled for next week in the Chamber of Deputies' Justice Committee. "The rapporteur will be appointed in the next few days," committee chair Pecorella told "Repubblica," "and the examination of the proposed laws will begin." A fact-finding investigation will be launched immediately afterward, as requested by Franco Grillini, former president of Arcigay and a Democrat MP. "The first hearings," Pecorella predicts, "could begin by July.".
The request for a scheduling was made yesterday by the Democratic Party (DS) group, making use of the regulation that stipulates that twenty-five percent of bills be "reserved" for the opposition. But the significant political development is the cross-party push emerging in parliament for legislative regulation of heterosexual and homosexual couples. The bill presented by Grillini, which has among its 161 signatories representatives from across the center-left, from the Democrats of the Left (DS) to the Greens, from Rifondazione (PRC) to the Democratic Party (PDCI), the Socialist Party (SDI), and a contingent of the Margherita party, including Enzo Bianco, is mirrored by the initiative of the secular Forza Italia (including Biondi and Costa), who, led by Dario Rivolta, have also launched an initiative to regularize de facto unions regardless of the partners' gender.
For Italian gays, the passage of a law is a historic event. The process promises to be long and contentious—also due to the ecclesiastical hierarchy's fierce opposition to the legal protection of cohabitation, not to mention the legalization of homosexual unions, abhorred by the Pope, the Curia, and the Italian Bishops' Conference (CEI)—but now a process has begun that will inevitably lead to a vote in parliament. This issue is destined to become a counterpoint to the history of the disastrous law on assisted reproduction. If, at the time, cross-religious opposition was evident in the hindrance to modernization, it's easy to predict that a battle for secularism will erupt over the rights of cohabiting couples.
«The start of the discussion at the Justice Commission is the culmination of a twenty-year mobilization of the homosexual movement», he comments Sergio Lo Giudice, president of Arcigay, who announces an intensification of support initiatives, starting with the Gay Pride march taking place in Rome on Saturday. "The time has come," he emphasizes, "to put an end to the anomaly of Italy, one of the very few Western European countries not to have yet legalized gay couples.".
Italian public opinion supports modernization. A June 2003 Eurispes survey revealed that 51.6 percent of Italians even favor extending the civil rite of marriage to same-sex couples. However, the survey shows that 63.4 percent of our fellow citizens do not support the adoption of children by same-sex couples.
The proposals under consideration by the Justice Committee, however, do not mention "marriage." The model being pursued is the French one of de facto couples united by a Civil Solidarity Pact. "PACS" is the magic word. For center-left MPs, it is "an agreement between two people of different or same sex to regulate their personal and financial relationships relating to their life together." For the secular Forza Italia party, it is a "contract concluded between adults for the organization of their life together." The Rivolta bill glosses over the issue of gender, clarifies that the Pact is not a copy of the family status, and emphasizes that the objective is to regulate "cohabitation between two individuals, regardless of the reasons that lead them to cohabit." Prudently, it is reiterated that the PACS is not used to certify or assess emotional bonds. In any case, the final outcome is the same: legal recognition of a union regardless of the sex of the partners.
The pact, in its various proposals and with varying emphasis, addresses the issues of partners' rights regarding inheritance, pension reversibility, subrogation in rental agreements, the extension of tax breaks for families, and even—this being Italy—equal rights to marital status in rankings and competitive examinations.
""No to the tug-of-war between secularists and Catholics""
Franco Grillini, sports director, said it was an opportunity for dialogue. "The Vatican disagrees, but we hope for common sense and solidarity."
Franco Grillini
ROME – "I hope it won't be the usual tug-of-war between secularists and Catholics." Franco Grillini, a Democrat of the Left parliamentarian and leader of Arcigay, has prevailed: "his" law (signed by 161 center-left MPs) on civil solidarity agreements (PACS) protecting cohabitants, including same-sex couples, is about to be debated in Parliament.
And now, Grillini, will the Catholics put up a wall?
«"I certainly hope not. In fact, it seems to me that the start of the parliamentary process is a great opportunity for dialogue and collective discussion. After all, the existence of de facto couples, including same-sex couples, is an indisputable fact and now affects several million people in Italy.".
However, there are different ideologies.
«The law on civil unions has nothing ideological about it; it simply intervenes during dramatic or difficult moments in a couple's life—illness, caregiving, inheritance. All of this has little to do with the debate on the family, but much, if not exclusively, with the material problems of life. The Vatican certainly disagrees, but we hope that common sense and solidarity prevail. I want to emphasize that we are championing the idea of emotional parenthood against a world of loneliness.
And do you also provide for adoption for gay couples?
«"This is an issue we don't address in the law, referring to existing civil legislation.".
Is an agreement possible with the liberals of the Center-Left Party?
«"The proposal presented by Forza Italia's Rivolta is important, even if it poses many obstacles to safeguarding cohabitants. The dialogue is open."»
""No specific rules for homosexuals""
Beppe Fioroni, Margherita: Not necessary. "But the children of common-law couples have the same rights as others.""
The Margherita
ROME – "Same rights for children of de facto couples and children born out of wedlock, but no rules for gay couples." Beppe Fioroni, a Catholic and member of the Margherita party, is firm in his stance regarding new bills regulating so-called "PACs," based on the French model of solidarity between cohabitants.
Is dialogue possible with Catholics, Honourable Fioroni?
«I support a measure that guarantees all children born from cohabiting relationships fundamental rights such as education and training. This is extremely important, especially because children shouldn't be subjected to their parents' choices. There can be dialogue on this.
What doesn't convince you?
«"But it's the other aspect that doesn't convince me at all. The one concerning the legal protection for gay couples. Actually, it's not that I'm not convinced, I just don't see the need for it.".
Don't you think you have a discriminatory attitude?
«"That's not the case at all. I have nothing to say about individual choices, but, I repeat, a change in the law in this direction is not conceivable.".
Will there be a new clash, then?
«It seems premature to me to use these terms. In fact, I sincerely hope we can engage in discussion rather than confrontation on these issues. Serenity, like wisdom, must be combined with firm convictions. I also hope we have the intelligence to avoid sterile exploitation, focusing more on the future of our community than on electoral interests.
Here is the text of the agenda item for the Justice Committee of the Chamber of Deputies regarding the PACS law.
II PERMANENT COMMISSION (Justice)
COMMISSION MEETINGS FROM 5 TO 9 JULY 2004
Thursday, July 8, 2004
At the end am.
JOINT COMMISSIONS Assembly (Room XII Commission)
(II and XII) FINDINGS INVESTIGATION
On prison healthcare: resolution on an extension of the deadline
At the end CONSULTATIVE SEAT
To the joint III and IV Commissions: Legislative Decree 160/2004: Extension of Italian participation in international missions (examination C. 5088 Government — Cola Report)
At the end REFERENCE OFFICE
– DL 158/04: Extension of deadlines in matters of justice (continued examination C. 5087, Government — Rel.Vitali)
– Delegation to the Government for the protection of the property rights of purchasers of properties to be built (examination C.38-B, approved by the Chamber and amended by the Senate, and C. 3095 Di Teodoro — Rapporteur Fanfani)
– Provisions on de facto unions and civil solidarity pacts (examination C. 795 Bellillo, C. 1232 Pecoraro Scanio, C. 1610 Soda, C. 2982 Grillini, C. 3308 Titti De Simone, C. 3893 Grillini, C. 4399 Mussolini and Turco, C. 3296 Grillini, C. 4405 Mussolini, C. 4442 Buemi, C. 4478 Bellillo, C. 4334 Rivolta and C. 4588 proposed law initiated by the Regional Council of Tuscany — Rel. Pisapia)
– Provisions regarding the finality of acquittal sentences (examination C. 4604 Pecorella — Report Vitali)
– Provisions for the reform of the Penitentiary Police Force (continued examination of C. 2867 Pecorella and C. 971 Ascierto – Rapporteur Cirielli)
