A gay kiss in the square
“"The Constitutional Court's ruling appears to be in line with the principles of the new European Constitution," commented Arcigay's national president, Sergio Lo Giudice, upon the official announcement that the Constitutional Court had rejected the government's attempt to block the Tuscany Region Statute, which was contested for some innovative openings.
“"The Constitutional Court's ruling," Lo Giudice continued, "marks a historic step in the battle for the recognition of the rights of de facto couples: it confirms that the Constitutional recognition of the rights granted to the family based on marriage is not in conflict with the recognition of other forms of family, as enshrined in the new European Constitutional Treaty signed in Rome a few weeks ago. Article II-69 of the European Constitution distinguishes the right to marry from the right to found a family: the Italian government's opposition to this principle was a counter-reformist act and in contradiction with the Treaty of Rome.
“We are pleased to point out that the Statute, challenged by the Government and 'acquitted' by the Constitutional Court, also explicitly contains the prohibition on discrimination based on sexual orientation, a provision also enshrined in the European Constitution, following the failure of Rocco Buttiglione's now-famous attempt to amend it.
“"We are also pleased with the Constitutional Court's decision to allow references to granting immigrants the right to vote: this too is a sign of the secularism and freedom that the Tuscany Region has demonstrated, demonstrating its full European identity.".
Press Release from Arcigay Toscana
The Constitutional Court's ruling has been published: de facto couples are recognized in Tuscany.
The Constitutional Court's ruling on the Italian government's appeal for unconstitutionality against the new Statute of the Tuscany Region has just been published. Regarding the recognition of "other forms of cohabitation," and specifically homosexual cohabitation—given that the government's appeal had focused on this very issue—the Court's ruling noted that this provision was "non-prescriptive and non-binding" and performed "a function, so to speak, of a cultural or even political nature, but certainly not a normative one." Therefore, according to the Court, this provision does not entail "any violation, nor any claim to powers constitutionally attributed to the State, nor does it constitute the exercise of regional powers." "Therefore," the Court continues, "the government's appeal against the contested provisions of the aforementioned articles is inadmissible, due to lack of harmfulness, even taking into account the explicit requests to this effect from the regional defense.".
“"As a regional gay and lesbian association," comments Alessio De Giorgi, president of Arcigna Toscana, "we cannot rejoice at this KO the Court has given to the Government and its desire to block the recognition of forms of cohabitation other than marriage, which the Tuscany Region has championed with its Statute. The Court held that the phrase "recognition of other forms of cohabitation" does not in any way violate the Constitution, as it is programmatic in nature and will be the subject of subsequent regional legislation, always and in any case within the scope of the powers constitutionally attributed to the Regions.".
“"Today, that ruling by the Constitutional Court represents a historic moment in our journey toward the recognition of gay and lesbian couples, as our opponents have one less weapon: they will no longer be able to use the Constitution, invoking Article 29 (on the family founded on marriage), to argue that recognizing other forms of cohabitation would be contrary to our Constitutional Charter.".
“Today, Tuscan citizens, and especially the gay citizens of this region, are a little freer and decidedly more proud of belonging to this land. But Italian citizens are also freer, because they have seen for themselves that there are those who protect our Constitution from attempts to accept federalism only when it goes in a specific direction.