Constitutional Court – Press Office
Same-sex marriage
The Constitutional Court, ruling on the questions raised by orders of the Venice Tribunal and the Trento Court of Appeal regarding same-sex unions, declared the questions inadmissible with reference to Articles 2 and 117, paragraph 1, of the Constitution and unfounded with reference to Articles 3 and 29 of the Constitution.
from the Palazzo della Consulta, April 14, 2010
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ARCIGAY: WE WANT CIVIL MARRIAGE
THE ANTIQUITY OF A PREJUDICE IS NOT A GOOD REASON FOR ITS SURVIVAL
Arcigay respectfully acknowledges the Constitutional Court's decisions and its recommendation to refer the issue of same-sex marriage to the legislature. We know for certain that Europe and the legal culture of the West are on the side of the LGBT movement and with the recognition of full equality of rights..
Regardless of the outcome of the hearing at the Constitutional Court, we have had the opportunity to observe the progress of this debate, which requires renewed energy and commitment to ensure it becomes a more widespread and widespread part of social and legal culture.
Italian homosexuals are following the same path of emancipation undertaken in the past by other social groups: slaves, women, Jews, blacks.. The steps are similar, the result can only be the same. Today, as in the past, this will mark progress not only for the rights of the groups we represent, but for society as a whole, which will thus discover itself freer and more just.
Today's negative outcome pushes us to relaunch our civilized struggle, well aware that law is a living entity, constantly evolving, like society. On the other hand, The Constitutional Court has already issued important rulings in the past, only to overturn their content after a few years.. In the early 1960s, the Constitutional Court, questioned on the issue of adultery, declared legitimate the penal code provision that punished women, but not men, with prison terms for infidelity. Only a few years later did the same Court completely change its mind and declared the crime of adultery unconstitutional, recognizing that mores had changed. The same thing happened with crucial laws such as divorce and abortion.
It took persistence and tenacity in all the struggles that removed, one by one, the obstacles to the affirmation of the principle of full equality. It will take the same determination today to ensure that gays and lesbians have their rights guaranteed. With this tenacity, we resume our fight for freedom with a new tool: the constitution. "Yes I Do" Committee“ which will consolidate the cultural and legal work for obtaining civil marriage between people of the same sex.
We reiterate today what the Supreme Court of South Africa wrote when it admitted same-sex marriage: “The antiquity of a prejudice is not a good reason for its survival”.
Arcigay Campaign Yes, we want it
The 29 Countries Where Same-Sex Families Have Equal Rights
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ENGLISH VERSION
ARCIGAY: WE WANT CIVIL MARRIAGE
THE ANTIQUITY OF A PREJUDICE IS NOT A REASON FOR ITS SURVIVAL
Arcigay respects the decision of the Italian Constitutional Court to refer the same-sex marriage issue to the Parliament. But we know that Europe and the Western legal culture are on the side of the LGBT movement and support the recognition of full equality of rights.
In spite of the Court's decision, we were able to note an improvement in the debate, that now needs new energy and a renewed commitment in order to become part of the social and legal culture in a wider and more popular way.
Italian gay people are walking on the same path to emancipation which other social groups like slaves, women, Jews and blacks walked before them. The steps are similar, and the result can only be the same. As in the past, this will mark a step forward not only for the rights of the people we represent, but for the whole society, which will find itself more free and just.
Today's negative outcome leads us to raise the level of our battle for civilization, with the awareness that the Law is a living, constantly changing entity, just like the society. After all, in the past, the Constitutional Court issued important rulings and then reversed its verdicts just a few years later. In the early sixties, when it was consulted on adultery, the Court declared the legitimacy of legislation which punished with imprisonment women, but not men. Only a few years later, the same Court completely changed its mind and declared it unconstitutional, recognizing that the customs had changed. The same happened for even more important laws, as those regarding divorce and abortion.
It has taken stubborn and tenacious struggles to remove, one by one, the obstacles to full equality. We will need the same tenacity nowadays to allow gays and lesbians to have their rights guaranteed. With this determination, we will carry on with our fight for freedom with a new instrument: the National Committee "Yes I do", that will strengthen our cultural and legal work to obtain same-sex marriage.
We today reaffirm what the Supreme Court of South Africa stated when it ruled in favor of same-sex marriages: ""The antiquity of a prejudice is not a reason for its survival.""
