This morning's agenda for the Chamber of Deputies includes a vote on the preliminary constitutional objections presented by members of the UDC, PDL, and Lega Nord against bill no. 2802 presented by the Soro-Concia Democratic Party (PD) deputies.
The preliminary rulings highlight non-existent hypotheses of unconstitutionality of the text, constructed with the intent of exploiting transsexual and homosexual people.
It is, in fact, false that the concept of "sexual orientation" is indeterminate. Several Italian laws, including criminal ones, already use this expression (for example, the criminal provision contained in Article 10 of Legislative Decree 276 of 2003), to indicate a personal condition protected by law because it easily exposes people to the risk of discrimination and even violence. Even the founding treaties of the European Union and its directives condemn discrimination against homosexuals, and not the other way around, as erroneously stated in the preliminary question on the constitutionality of the PDL.
It is false that sexual orientation is a changeable individual choice, and that it is a sexual choice rather than an unchangeable personal condition. Anyone who completely erroneously claims, as the Hon. Capitanio Santolini did in the general debate, that sexual orientation, which can only be heterosexual, homosexual, or bisexual, also includes bigamy or pedophilia, must be firmly condemned. Pedophilia is a behavior punishable by criminal law and has nothing to do with sexual orientation. Even the mere act of comparing them is indicative of a desire to disrespect homosexuals.
It is false that criminal law cannot constitutionally legitimately specifically protect homosexual and transgender individuals, because this already occurs with specific aggravating circumstances for minors, the elderly, and those with disabilities, to name just a few. Likewise, the Mancino-Reale law introduces a specific crime punishable by law for anyone who discriminates or incites discrimination or violence based on race, ethnic or national origin, or religion. It is false that sexual orientation and gender identity cannot be included in this list on the grounds that the conditions listed therein are merely objective. The religion to which a person adheres by choice has nothing objective about it and is the result of an individual's choice.
It's clear that there's institutional and state-sponsored homophobia and transphobia in Italy that refuses to give way, appropriately supported by strong and influential powers like the Catholic Church.
The dignity of homosexual and transgender people cannot be trampled upon in this way. The Constitution cannot be exploited.
After the powerful and civilized signal of Europride, which brought over a million people to the streets of Rome to demand rights and equality, a vote that effectively excludes us from Europe would be intolerable.
We believe that Italy is a better country than the parties and politicians who represent it. Members of Parliament and government who vote in favor of these prejudices will denounce themselves as homophobic and transphobic.
Paolo Patanè – National President of Arcigay
Antonio Rotelli – President of the Lenford Network – Advocacy for LGBT Rights
