On July 19, the Chamber of Deputies will vote on the proposed law against homophobia and transphobia, but first, it will also vote on the constitutional challenges to the text itself, the approval of which risks blocking the law's voting process.
The preliminary constitutional challenges presented to the Chamber by the parliamentary groups of the PDL, the Lega, and the UDC against the anti-homophobia and transphobia law constitute a shameful act of discrimination and fundamentalism. Through these challenges, the Italian Parliament is shirking its primary duty: to serve its citizens, especially, as in this case, those for whom the Constitution, in Article 3, requires the removal of obstacles to the achievement of full and authentic equality and freedom.
They state that the introduction of an aggravating circumstance is unnecessary because it is already included in the penal code (abject and futile motives) and that this proposed law would even introduce a violation of the principle of equality, with an aggravating circumstance only for homosexuals/transsexuals, and a violation of the principle of specificity.
Totally FALSE. The aggravating circumstance of abject and frivolous motives is quite distinct and different from the one under discussion today, and it appears to have never been applied in cases of crimes committed for reasons of homophobia or transphobia. A specific and distinct legislative provision, however, clearly expresses the legislator's desire to condemn and condemn these criminal behaviors. Parliament must assume the responsibility of expressly stating whether it intends to condemn the persecution of homosexual and transgender people.
Regarding the principle of equality, the lack of protection for homosexual and transgender people constitutes a true violation. Why is it that insulting someone because of their religious beliefs is expressly punishable by law, while similarly harassing a gay, lesbian, or transgender person isn't specifically punished by law? Why, then, not extend the Mancino Law to homosexual and transgender people? Parliament must have the courage to take responsibility in this case too, and not overturn it.
Protection, including criminal law, for LGBT people is now a standard practice in most Western countries; where does Italy stand?
If we then consider that the prejudices in question persist in defining sexual orientation as a "choice" and not as an innate condition of the individual, placing it in the exclusively private and sexual sphere, and effectively erasing the identity, affections, couple life, stability, and public dignity of gay, lesbian, bisexual, and transgender people, then it becomes clear that we are faced with unacceptable and outrageous claims that remove and distort the reality and true nature of LGBT people.
They were formulated in contempt of the words of the President of the Republic Giorgio Napolitano, who on May 17, on the occasion of the International Day Against Homophobia, had called for the passage of a law against violence against homosexuals and transgender people. Furthermore, these preliminary constitutional challenges constitute a violation of international treaties and the Charter of Fundamental Rights of the European Union, as they place us in clear opposition to the directives of the European Parliament, the recommendations, and the decisions adopted by many EU bodies calling for the adoption of specific protective measures. They also starkly contradict the recent UN resolution on the rights of LGBT people and the Council of Europe report.
With these prejudices, the Italian Parliament risks committing further violence against the many homosexual and transgender people who are victims of numerous cases of bullying, aggression, violence, and discrimination.
We therefore believe that this is a battle that concerns everyone without distinction, from secular associations to Catholic ones, from civil rights movements to those for social rights. This is why Arcigay is appealing to all people and associations who believe in democracy, justice, dignity and equality to attend the oratory marathon for the law against homophobia and transphobia, starting at 3:00 pm on July 19th, in front of the Parliament of the Republic to help us say NO to a grave injustice.
Let us all help each other change Italy and make it a European country.
