Recognition of same-sex unions in Italy
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Notwithstanding a long history of legislative proposals for civil unions in Italy, neither civil unions nor same-sex marriage are recognised under Italian law. Several Regions have formally supported efforts for national law on civil unions and some municipalities have passed laws providing for civil unions. While some of these do provide real benefits they are mostly of symbolic value. Attempts by the Government of Romano Prodi in 2007 to introduce legislation failed after members of the governing coalition threatened division in opposition to the proposals.
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[edit] Recent history
In 1986 the Inter-parliamentary Women's Communist group and Arcigay (Association for the rights of Homosexuals), for the first time raised the issue of civil unions within the Italian parliament. This was led by Ersilia Salvato in the Italian Senate and by Romano Bianchi and Angela Bottari in the lower house who together attempted to introduce the idea of legislation. In 1988, following lobbying by Arcigay, Alma Cappiello Agate (lawyer and socialist parliamentarian) introduced the first bill in parliament (PdL N. 2340, Directive on the de facto family, 12 February 1988), calling for the acknowledgment of cohabitation between "persons". The bill failed, but Cappiello's proposal received wide coverage in the press (where some journalists spoke about second-class marriage), and acknowledged for the first time the possibility of homosexual unions.
During the 1990s a succession of civil union bills were regularly introduced and rejected in parliament, bolstered by discussion in the European Parliament on equal rights for homosexuals on marriage and adoption.
During the XIIIth parliamentary session, at least ten bills were presented (by Nichi Vendola, Luigi Manconi, Gloria Buffo, Ersilia Salvato, Graziano Cioni, Antonio Soda, Luciana Sbarbati, Antonio Lisi, Anna Maria De Luca, and Mauro Paissan). None of these ever made it to discussion on the floor of the house - not least due to the explicit influence and strident opposition of the Catholic hierarchy that was often behind the governing Christian Democrat coalition, and intervened in political discussion.
In September 2003 the European Parliament approved a new resolution on human rights against discrimination on the grounds of sexual orientation. Each Member State had to confirm it would work to abolish any form of discrimination - legislative or de facto. During the XIVth parliament political activity led by Franco Grillini debated proposals for PACs which found cross-sectional support.
Grillini introduced proceedings in parliament on 8 July 2002 based on legislation already existing in Denmark. However, the PACs principle was given particular resonance by the union on 21 October 2002 between Alessio De Giorgi and Christian Pierre Panicucci at the French Embassy. That day same Grillini introduced the bill in parliament; it ultimately failed but had been supported by 161 parliamentarians from the centre-left.
[edit] The Prodi II Government
During the 2006 electoral campaign, the then leader of the opposition Romano Prodi promised to give legal rights to de-facto couples if elected.[1] Mr. Prodi's left-of-centre coalition subsequently gained power and in February 2007 the government approved a draft bill to recognise domestic partnerships under the name DIritti e doveri delle persone stabilmente COnviventi (DICO) (English: Rights and duties of stable co-habitants). The bill proposed to give unmarried couples (including same-sex couples) health and social welfare benefits, and provide an entitlement to inherit after a couple has been living together for at least nine years.[2] The bill faced considerable opposition from the Roman Catholic Church,[3] and in the Senate from the majority of the right-wing opposition and even from certain elements within Mr. Prodi's own fractious coalition. The bill was eventually stopped from reaching the floor for a conclusive vote.
Later in the year, the DICO bill was merged with other civil union proposals and the Senate's Judiciary Committee had been discussing a new draft known as CUS (Contratto di Unione Solidale, Solidary Union Contract). Nevertheless, in February 2008 an early election was called, thus dissolving the incumbent Parliament. All pending legislation died in committee.
[edit] The Berlusconi IV Government
Although the governing majority (PDL - Lega Nord) of the Berlusconi government was elected in May 2008 without promising any improvement for same-sex couples' rights, as of September 2008 some of their MPs (such as, Renato Brunetta, Minister for Innovation and Public Administration, Lucio Barani and Francesco De Luca) have stated their intention of acting independently and submitting legislation to the Parliament.[4] The new bill (act C.1756) is called DiDoRe (DIritti e DOveri di REciprocità dei conviventi - Mutual rights and duties for cohabiting partners). Such proposal, if adopted, would be akin to "unregistered cohabitation", as it does not provide for a public registry system.
[edit] Italian public opinion
During a protest on 13 January 2007, 50,000 gay rights activists, according to the police, protested in Vatican City in favour of the creation of a new law regulating same-sex unions.[1]
According to a poll in February 2007, 67% of Roman Catholics in Italy backed the draft bill proposed by the Prodi coalition, and 80% of Italians said they supported the law.[5] On the other hand, the Autumn 2006 Eurobarometer survey showed that only 31% of Italians thought that same-sex marriages should be allowed throughout Europe and 24% were in favour of opening up adoption to same-sex couples. This was below the EU average of 44% and 32% respectively.[6]
On 10 March 2007 there was a further demonstration in Rome in favour of a same-sex law in order to avoid it being forfeited by Mr Prodi. Thousands of activists waved alarm clocks in the air, signalling it was high time for such a law. Some Government officials (such as Minister for Equal Opportunities, Ms Barbara Pollastrini, and Minister for Social Solidarity, Mr Paolo Ferrero) took part in the demonstration and were later criticized by Mr Prodi for their participation.[7]
On 12 March 2007 the Conference of Italian Bishops (CEI) staged a counter-demonstration in Rome in favour of traditional marriage. Police sources claim that about 800,000 people went to the demonstration, including some Catholic Government ministers such as Clemente Mastella and Giuseppe Fioroni.[8]
On 16 June 2007, the yearly national Gay Pride was held in Rome and hit a record attendance of about 1,000,000 demonstrators. The Pride parade had a strong political flavour, as LGBT associations meant it to be a response to the above-mentioned Catholic demonstrations.[9]
Two Italian filmmakers, Gustav Hofer and Luca Ragazzi, followed the whole discussion of the DICO law and made an award-winning documentary "Suddenly, Last Winter" (Improvvisamente l'inverno scorso).[10]
[edit] Regional perspective
Several municipalities and cities throughout Italy have recognised and registered de facto couples. However, as Italy does not have a federal structure, these registers have a symbolic value only and are not legally binding. An example is the commune of Spezia in the Liguria region, which in June 2006 adopted a regional statute that opens civil registry (Registro delle unioni civili) for de facto couples, both heterosexual and same-sex, with some limited benefits. Other examples include:
| Region | Date of recognition |
|---|---|
| Tuscany | July 17, 2004 |
| Umbria | July 29, 2004 |
| Emilia-Romagna | September 14, 2004 |
| Campania | September 19, 2004 |
| Marche | December 6, 2004 |
| Veneto | March 1, 2005 |
| Puglia | December 9, 2005 |
| Lazio | December 14, 2005 |
| Liguria | March 16, 2006 |
| Abruzzo | April 20, 2006 |
[edit] References
- ^ a b "Italians clash on gay 'marriage'", the British Broadcasting Corporation (14 January 2006). Retrieved on 8 August 2007.
- ^ Smith, Peter J. (9 February 2007). "Italian Government Approves Bill to Recognize Civil Unions", LifeSite.net. Retrieved on 8 August 2007.
- ^ Gay Link Content (28 February 2007). "Head of Italy's bishops speaks against same-sex unions", Gmax.co.za. Retrieved on 8 August 2007.
- ^ "UNIONI CIVILI: 'DIDORE' DI BRUNETTA-ROTONDI DIVIDE PDL" (in Italian), Ansa.it (17 September 2008). Retrieved on 28 November 2008.
- ^ Espera, Troy (19 February 2007). "Italian catholics say Vatican's same-sex marriage opposition goes too far", Gmax.co.za. Retrieved on 8 August 2007.
- ^ "EB66" (PDF), Eurobarometer (December 2006). Retrieved on 26 October 2007.
- ^ "Miles de personas exigen a Prodi en Roma que regule las parejas de hecho" (in Spanish), El Pais (10 March 2007). Retrieved on 8 August 2007.
- ^ Eternal Word Television Network: Blog - Joan's Rome by Joan Lewis
- ^ Gay Pride, Roma invasa: «Siamo un milione» - Corriere della Sera
- ^ [www.suddenlylastwinter.com] (special mention of the Panorama Jury at the 58th Berlin International Filmfestival, best documentary Idemfestival Cordoba, best documentary Bozner Filmtage, best documentary TLVfest, Tel Aviv)
[edit] See also
[edit] External links
- Disegno di legge S.1339 - Trattazione in Commissione Giustizia.
- Disciplina del patto civile di solidarietà e delle unioni di fatto (3296).
- Disposizioni in materia di istituzione del Registro delle unioni civili di coppie dello stesso sesso o di sesso diverso e di possibilità per le persone dello stesso sesso di accedere all'istituto del matrimonio (2982)
- Un Pacs avanti. Website of the "National campaign for the Pacs".
- Liff. Website of the Lega italiana famiglie di fatto.
- Proposta di legge di Franco Grillini ed altri del Patto civile di solidarietà e Unioni di fatto, 20 October 2002. Never discussed in the Italian Parliament.
- Unioni civili, il Pdl si spacca,17.09.2008. New Civil Unions (DiDoRe) bill.
- Sarà il centrodestra a dare una normativa alle unioni civili comprese le coppie Lgbt? Pare di si 7.09.2008
- Text of Act C.1756 - DiDoRe 2008-11-28
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