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LGBTQ rights in Italy

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LGBTQ rights in Italy
Italy wrapped in the colors of the rainbow flag
StatusSame-sex activity legal nationwide since 1890, with an equal age of consent;[1]
legal in Tuscany since 1853 (as the Grand Duchy of Tuscany),[2][3] in Sicily since 1819 (as the Kingdom of the Two Sicilies)[4][5] and in Naples since 1810 (as the Kingdom of Naples)[4][5][6]
Gender identityTransgender people allowed to change legal gender since 1982
MilitaryGays, lesbians and bisexuals allowed to serve openly
Discrimination protectionsSexual orientation protections in employment (see below);
discrimination based on sexual orientation and gender identity banned in street advertisement since 2021;
sexual orientation and gender identity protections in the provision of goods and services at a regional level in Tuscany, Piedmont, Liguria, Marche, Umbria, Sicily, Emilia-Romagna, Campania and Apulia
Family rights
Recognition of relationshipsCivil unions since 2016[7]
AdoptionStepchild adoption since 2016. Same-sex couples are allowed to foster children.
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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Italy significantly advanced in the 21st century, although LGBTQ people still face various challenges not experienced by non-LGBT residents, despite public opinion being increasingly liberal and in favor of LGBT rights. According to ILGA-Europe's 2021 report, the status of LGBT rights in Italy is below the standards of other Western European countries – such as still not recognizing same-sex marriage, lacking nationwide discrimination protections for goods and services, as well as not granting to same-sex couples full parental rights, such as joint adoption and IVF.[8] Italy and Japan are the only G7 nations where same-sex marriages are not recognized.[9]

In Italy both male and female same-sex sexual activity has been legal since 1890, when a new penal code was promulgated. A civil union law was passed in May 2016, providing same-sex couples with all of the rights of marriage except for joint adoption rights. The law also recognizes same-sex couples as a family. Stepchild adoption was excluded from the bill, but in June 2016 the Supreme Court of Cassation stated that courts can allow a couple in a civil union to adopt their stepchildren.[10] The same law provides both same-sex and heterosexual couples which live in an unregistered cohabitation with several legal rights.[11][12]

Transgender people have been allowed to legally change their gender since 1982. Although discrimination regarding sexual orientation in employment has been banned since 2003, no other anti-discrimination laws regarding sexual orientation or gender identity and expression have been enacted nationwide, although some Italian regions have enacted far more comprehensive anti-discrimination laws. In 2023, a new poll showed a large majority in favour of civil unions (70.1%), a majority for same-sex marriage (65.2%), and also for adoption by same-sex couples (51.4%).[13]

Legality of same-sex sexual activity in Italy

[edit]

Same-sex sexual activity has been legal nationwide since 1890.[1] The age of consent is 14 years old, regardless of gender and sexual orientation.

Italy is among the few European nations to have had an equal age of consent for homosexual and heterosexual acts ever since before the 20th century. The only nations in which there has been an equal age of consent for longer than Italy are Turkey (which equalized it in 1858) and the microstates of San Marino (which equalized it in 1864), Monaco (which equalized it in 1793) and Andorra (which equalized it in 1791).[note 1] Meanwhile, in nearly every other European country, laws either setting a higher age of consent for homosexual acts or banning them altogether[note 2] remained in force until the 20th century and sometimes even until the early 21st century, although they were not always actively enforced.

History

[edit]
See also: LGBT history in Italy

Italian unification in 1861 brought together a number of States, almost all of whom abolished punishment for private, non-commercial homosexual acts between consenting adults as a result of the Napoleonic Code. However, of the Penal Code promulgated in 1859 by Victor Emmanuel II of the Kingdom of Sardinia still punished consensual homosexual acts under Article 425, which read:

425. Lustful acts against nature [...][a] shall, if they have given rise to a complaint or caused a scandal, carry the penalty of imprisonment or of hard labour for no more than ten years.[14]

[b]

With unification, the former Kingdom of Sardinia extended its own criminalizing legislation to the rest of the newly born Kingdom of Italy, with some exceptions: in the former Grand Duchy of Tuscany, the Penal Code of 1853 promulgated by Leopold II (which did not criminalize same-sex activities) remained in force,[2][3] and the same happens in Sicily (as the Kingdom of the Two Sicilies, since 1819)[4][5] and in Naples (as the Kingdom of Naples, since 1810).[4] In addition, some Articles of the Sardinian Penal Code (including those dealing with homosexuality) were not extended to the former Kingdom of the Two Sicilies.[4][5]

This bizarre situation, where homosexuality was illegal in one part of the kingdom, but legal in another, was only reconciled in 1889, with the promulgation of the Zanardelli Code which abolished all differences in treatment between homosexual and heterosexual acts across the entire territory of Italy. This Penal Code became effective in 1890, and there have since been no laws against private, consensual homosexual relations between people over the age of consent.

In the 1920s, fascist MP Alfredo Rocco was tasked by the government of Benito Mussolini to develop a new Penal Code which would have replaced the 1889 one.

A first draft of the Code, published by Rocco on 1927, included a provision criminalizing homosexual acts, which read:

Article 528.

Homosexual acts.

Whomsoever [...][c] has carnal knowledge of the same sex, or lets a person of the same sex have carnal knowledge of himself or herself, shall, if such acts give rise to a public scandal, suffer imprisonment for six months to three years.
The offender shall suffer imprisonment for one to five years—
1. if he or she, being older than 21, engages in such acts with a person younger than 18; or
2. if the said acts are engaged in habitually, or in exchange of money.

[d]

When Rocco eventually introduced the new Penal Code before Parliament, he decided not to include said Article, claiming that "in Italy, the abominable vice [ Sic ] is not present to such an extent that the criminal law should concern itself with it".[16]

As such, the final version of the Rocco Code, which became law in 1931, had no mention of same-sex intercourse. According to fascist doctrine, repression of certain sexual practices was a matter for moral authorities moreso than for the State.[17] Nonetheless, those who displayed their homosexuality in public were targeted by the fascist police, and subject to extrajudicial punishments such as public admonition and exile; gay people were persecuted in the later years of the regime of Benito Mussolini,[18] and under the Italian Social Republic of 1943–45.

The arrangements of the Rocco Code, namely, the principle that homosexual conduct is an issue of morality and religion, and not criminal sanctions by the State, have remained in place over subsequent decades. In the early 1960s, three bills aiming at re-criminalising gay sex were introduced, but none of them were ever even put up to a vote, due to lack of support from the Christian Democratic majority.[16]

Recognition of same-sex relationships

[edit]
Main article: Recognition of same-sex unions in Italy

At present, while same-sex couples cannot marry, they can access civil unions, enacted in 2016, which provide all of the rights, benefits and obligations of marriage except for joint adoption rights. These benefits include, amongst others, shared property, social security and inheritance.

Since the 2005 regional elections, many Italian regions governed by centre-left coalitions have passed resolutions in support of French-style PACS (civil unions), including Tuscany, Umbria, Sicily, Campania, Marche, Veneto, Apulia, Lazio, Liguria, Abruzzo and Emilia-Romagna. Lombardy, led by the centre-right House of Freedoms, officially declared their opposition to any recognition of same-sex relationships.[19] All these actions, however, are merely symbolic as regions do not have legislative power on the matter.

Although several bills on civil unions or the recognition of rights to unregistered couples had been introduced into the Parliament since 1996, none had ever been approved, owing to the strong opposition of socially conservative members of Parliament from both coalitions. On 8 February 2007, the Government led by Romano Prodi introduced a bill[20] which would have granted rights in the areas of labour law, inheritance, taxation and health care to same-sex and opposite-sex unregistered partnerships. However, Parliament was dissolved before the draft law could be put up to a vote, and was ultimately shelved when the next election resulted in a conservative majority.

In 2010, the Constitutional Court (Corte Costituzionale) issued a landmark ruling which recognized same-sex couples as a "legitimate social formation, similar to, and deserving homogeneous treatment of, marriage".[21] Since that ruling, the Supreme Court of Cassation (Corte di Cassazione, the supreme and last revision court in most matters) remanded a decision by a Justice of the Peace who had rejected a residence permit to an Algerian citizen, married in Spain to a Spaniard of the same sex. The Court stated that the questura (police office, where residence permits are issued) should deliver a residence permit to a foreigner married with an Italian citizen of his same sex, and cited the ruling.

On 21 July 2015, the European Court of Human Rights ruled in Oliari v. Italy that Italy's lack of any sort of recognition for same-sex partnership was a violation of international human rights.[22]

Wikinews has related news:

On 2 February 2016, Italian senators started to debate a bill introducing civil unions, inspired from the civil union law in Germany which would have granted all rights afforded by marriage short of joint adoption.[23] On 25 February 2016, an amended version of the bill (which, unlike the original proposal, did not include the right to stepchild adoption by gay couples), was approved by the Senate in a 173–71 vote, and was sent to the Chamber of Deputies, where it passed on 11 May 2016, by a vote of 372 to 51, with 99 abstentions.[24] In order to ensure swift passage of the draft law, Prime Minister Matteo Renzi decided to treat the vote on the law as a matter of confidence, saying that it was "unacceptable to have any more delays after years of failed attempts."[25] Italian President Sergio Mattarella signed the bill into law on 20 May 2016.[26][27]

In 2017, the Italian Supreme Court allowed a marriage between two women, which was performed in neighboring France, to be officially recognised.[12][28] However, in May 2018, the Court of Cassation ruled that same-sex marriages performed abroad cannot be recognized in Italy. Instead, they must be registered as civil unions, regardless of whether the couple wed before or after Italy introduced civil unions in 2016.[29][30][31]

On 10 March 2023, Ivan Scalfarotto introduced a bill which aimed to legalize same-sex marriage. In the same day, Gian Marco Centinaio, Vice President of the Senate and member of the League, said the centre-right majority would "start looking into Scalfarotto's proposal", adding "I think society progresses, and I believe we must march forwards and not backwards".[32][33] Since then, there has been no progress on the bill, and Centinaio has retracted his statement, claiming that he had been "misunderstood" and that he's still against same-sex marriage.[34]

Adoption and parenting

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5274 - GLBT event - L'amore spiazza, Pavia 16 May 2010 - Foto Giovanni Dall'Orto. Lesbian Mom at a 'talking book' event in Pavia in 2010, where people told their stories to combat homophobia.

Adoption and foster care are regulated by Law no. 184 of 1983. Adoption is in principle permitted only to married couples who must be of the opposite sex. According to Italian law, there are no restrictions on foster care. In a limited number of situations, the law provides for "adoption in particular cases" by a single person, however, and this has been interpreted by some courts, including on the appeal court level, to include the possibility of stepchild adoption for unmarried (opposite-sex and same-sex) couples.[35]

On 11 January 2013, the Court of Cassation upheld a lower decision of court which granted the sole custody of a child to a lesbian mother. The father of the child complained about the "homosexual relationship of the mother". The Supreme Court rejected the father's appeal because it was not argued properly.[36]

Several individual cases where same-sex couples have been allowed to legally adopt or foster children have occurred over the years. On 15 November 2013, it was reported that the Court of Bologna chose a same-sex couple to foster a three-year-old child.[37] On 1 March 2016, a Rome family court approved a lesbian couple's request to simultaneously adopt each other's daughters.[38] From 2014 to 2016, the Rome Family Court made at least 15 rulings upholding requests for gay people to be allowed to adopt their partners' children.[38] On 29 April 2016, Marilena Grassadonia, president of the Rainbow Families Association, won the right to adopt her wife's twin boys.[39] The possibility of adopting one's same-sex partner's child through the "adoption in particular cases" provision was confirmed by the Court of Cassation in a decision published on 22 June 2016. This provision implies resorting to a civil lawsuit where "a rigorous factual investigation carried out by the court, effectively ascertains that adoption is in the child's best interest".[40][41]

In February 2017, the Trento Court of Appeals recognized both male same-sex partners as fathers of two children born with the help of an egg donor and a surrogate mother in Canada.[42][43] The decision was challenged ln late 2017 by local officials and the Ministry of the Interior. In May 2019, the Court of Cassation ruled that the fathers cannot both be named on the children's Italian birth certificates. Instead, only the biological father will be listed as their legal parent, while his partner will have to apply for special permission to become their adoptive father, despite the fact that both men are named on the children's Canadian birth certificates.[44][45][46]

In March 2017, the Florence Court for Minors recognised a foreign adoption by a same-sex couple.[47][48] The Milan Court of Appeal also recognised a foreign same-sex adoption in June 2017.[49]

In January 2018, after a surrogate mother gave birth to twin boys for a same-sex couple in California, Milan officials refused to register the boys as both the fathers' children. At first, a judge ruled against the couple, who later appealed; a higher court held that since each man's sperm was used to fertilise eggs from the same donor and one of each was implanted into the surrogate, both men would be able to register the birth of their own child and become its legal parent. The twins cannot be recognised as children of the couple, however, and the fathers could not adopt each other's non-biological son. Although not legally brothers, both boys have been given the same surname. Despite this contradiction, LGBT association Famiglie Arcobaleno, has welcomed the court's decision as a "positive step".[50][51]

In April 2018, a lesbian couple in Turin was permitted by city officials to register their son, born through IVF, as the child of both parents.[52] Two other same-sex couples also had their children officially registered. A few days later, a same-sex couple in Rome was similarly allowed to register their daughter.[53]

On 2 June 2018, the day after becoming the new Family and the Disabled Minister, Lorenzo Fontana said same-sex families "don't exist".[54] He denied making homophobic comments, saying he was not "against gays", and adding "I have many homosexual friends… after all I lived in Brussels for many years where there are many gay people in powerful positions... I am Catholic, I do not hide it. And that's why I believe that the family is the natural one, where a child must have a mother and a father". This led to protests from LGBT activists, who used the hashtag #NoiEsistiamo (#WeExist) on social media to share photos of their same-sex families.[55]

In 2021 Italy recognized the adoptions abroad by same-sex couples because they were judged to be non-obstructive for the purposes of the adoption itself.[56]

In more recent times the situation turned more complicated and with mixed results, after Ministry of Interior's Circulaire no. 3 of 2023 specifically forbade municipalities from automatically registering homosexual couples’ children's abroad birth certificates with the name of both parents. The Ministry tried, in this way, to fill the loophole used by left-wing mayors to help gay couples. Mayors and administrative personnel could face charges for “abuse of office”. In this way, sentences by a court (that cannot be limited by government without a clear rule on the matter) remains the only safe way to adopt and/or obtain results.[57]

In September 2022 a court in Rome ruled that the government's requirement that children's ID cards list their "mother" and "father" discriminated against same-sex parents and ordered the government to issue documents that correctly identify the parents. The ruling is permanent, but only applied to this specific case. Unless and until the government changes the rules around ID cards, other parents will have to sue for correct identification as well.[58]

On March 13, 2023, the city of Milan, which had been registering kids from same sex parents independently to bypass anti-LGBT restrictions in the national law, stopped issuing birth certificate after being ordered to do so by the Government. As a result of that, children with no birth registration can be denied inheritance, healthcare and child support rights, among other things, or ultimately become orphans and be put up for adoption to other parents by the government under Italian law.[59][60]

On 30 March 2023, the European Parliament approved by show of hands a resolution formally condemning the Italian Government's policy regarding same-sex couples' parental rights.

In June 2023, Italian city of Padua, which had been registering kids from lesbian couples since 2017, started erasing "non biological" lesbian mothers' first and last names from their children birth certificates so as to comply with the requests of Giorgia Meloni's government. Same-sex couples have to resort to civil lawsuits (through "adoption in particular cases") to legally become parents. As of July 20, 2023, 27 mothers had been removed from 27 birth certificates. According to the new policy, men in same-sex couples must choose one of the two to be the legal father. As a result, a non-registered parent is banned from carrying out everyday family tasks, such as picking the child up from school, or using public services on their behalf.[61]

On June 21, 2023, the Italian Minister for Equal Opportunities and Family, Eugenia Roccella, commented about what happened in Padua and she stated that there is no need for both members of a same-sex couples to be recognized on the children's birth certificate, since the non-biological parent is always able to seek a court order allowing them to adopt their partner's child.[62]

In 2023 a lesbian couple in a civil union was allowed by a court to foster a disabled child.[63]

In March 2024, the Court of Padua rejected a 2023 order by the prosecutor's office, which challenged the Municipality's decision to register the children of two mothers. The order aimed to retroactively remove non-biological mothers from the birth certificates of 37 children dating back to 2017; however, the court found it inadmissible.[63]

Discrimination protections

[edit]

Employment discrimination

[edit]

Discrimination on the basis of sexual orientation in employment has been illegal throughout the whole country, since July 2003 when, in order to conform with European Union directives, the second Berlusconi government issued Legislative Decree no. 216 of 2003, entitled "Implementation of Directive 2000/78/EC on equal treatment in employment and occupation" (Italian: Attuazione della direttiva 2000/78/CE per la parità di trattamento in materia di occupazione e di condizioni di lavoro), which prohibits unfair discrimination in employment and recruitment processes. The anti-discrimination provisions originally did not apply to the police, to the armed forces and to rescue services, but this exception was removed by Law no. 101 of 2008. One of the most famous convictions under Italy's anti-discrimination laws was that of lawyer Carlo Taormina, who in July 2013 during a radio interview declared that he would never hire a gay man in his law firm. A Court in Bergamo sentenced Taormina to the payment of 10,000 euros and ordered the publication of the ruling on a national newspaper at his expense.[64]

No Italian law explicitly bans transphobic discrimination. However, on 15 January 2023, a court in Rome ruled against a school who had fired a trans professor due to her gender identity, claiming that it amounted to sex discrimination.[65]

Hate crimes and hate speech

[edit]

In 2002, Franco Grillini proposed a constitutional amendment that would have included sexual orientation among constitutionally protected characteristics.[66][67] It was not successful.

In 2006, Grillini again introduced a proposal to expand anti-discrimination laws, this time adding gender identity as well as sexual orientation.[67] It received even less support than the previous one had.

In 2008, Danilo Giuffrida was awarded 100,000 euros compensation after having been ordered to re-take his driving test by the Italian Ministry of Infrastructure and Transport due to his sexuality; the judge said that the Ministry of Transport was in clear breach of anti-discrimination laws.[68]

In 2009, the Chamber of Deputies shelved a proposal against homophobic hate crimes that would have allowed increased sentences for violence against gay and bisexual individuals, passing a motion to that effect which had been proposed by Union of the Centre and supported by Lega Nord and The People of Freedom.[69][70] Paola Binetti, Democratic Party MP, broke party lines and voted for the motion.[71]

On 16 May 2013, a bill which would prohibit discrimination based on sexual orientation and gender identity was presented in a press conference by four deputies of four different parties.[72] The bill is cosponsored by 221 MPs of the Chamber of Deputies, but no member of the center-right parties has pledged support. In addition to this bill, some deputies introduced another two bills. On 7 July, the Justice Committee advanced a unified bill.[73]

The bill was amended in compliance of the request of some conservative MPs who were afraid of being fined or jailed for stating their opposition to the recognition of same-sex unions. On 5 August, the Chamber started to consider the bill. On 19 September 2013, the Chamber of Deputies passed the bill in a 228–58 vote (and 108 abstentions). On the same day, a controversial amendment passed, which would protect free speech for politicians and clergymen.[74] On 29 April 2014, the Senate of the Republic began examining the bill.[75] In 2019, the bill was still in the Senate Judicial Commission, being blocked by several hundred amendments from conservative MPs.[76][77]

In July 2020, debate resumed on the proposal to extend anti-racism laws to outlaw discrimination and hate crimes against women, gay and transgender people, following a number of attacks in preceding months against LGBT people.[78] It modifies an existing law punishing offenses based on someone's race or religion with up to four years in jail. The proposal, drafted by Democratic Party MP Alessandro Zan, supported by the centre-left coalition, while the Lega, Brothers of Italy and the Italian bishops' conference opposed it; Forza Italia treated the Bill as a matter of consciousness and granted its MPs a free vote.[79]

Italy's lower house approved the bill on 4 November 2020 by a vote of 265 to 193.[80] The bill died in the Senate on 27 October 2021 following a 131—154 secret ballot vote.

On 28 October 2021, the Chamber of Deputies approved in a 271–16 vote a proposed infrastructure law containing a provision which made it illegal to display advertisement containing homophobic or transphobic messages on streets and vehicles. The draft law was approved by the Senate as well on 4 November in a 190–34 vote. In both Houses, the Government used its powers under the Standing Orders to force a single vote on the whole Bill, contrary to the usual procedure, whereby a vote on the full Bill must be preceded by a vote on each Article and on each proposed amendment. This forced MPs who opposed the anti-discrimination provision but supported other parts of the Bill to vote in favour.[81][82] The proposal was ultimately signed into law by President Sergio Mattarella on 9 November and came into force on 10 November.

Regional laws

[edit]

In 2004, Tuscany became the first Italian region to ban discrimination based on sexual orientation and gender identity in the areas of employment, education, public services and accommodations.[83] The Berlusconi Government challenged the new law in court, asserting that only the central Government had the right to pass such a law. The Constitutional Court overturned the provisions regarding accommodations (with respect to private homes and religious institutions), but otherwise upheld most of the legislation.[84] Since then, the regions of Liguria (November 2009),[85] Marche (February 2010),[86] Sicily (March 2015),[87][88] Piedmont (June 2016),[89] Umbria (April 2017),[90][91][92] Emilia-Romagna (July 2019),[93][94] Campania (August 2020)[95] and Apulia (July 2024)[96] enacted similar measures.

Gender identity and expression

[edit]

Cross-dressing is legal in Italy, and sex reassignment surgeries are also legal, with medical approval. However, gender identity is not mentioned in Italy's anti-discrimination laws, meaning that transgender people may face discrimination in areas such as employment, access to goods and services, housing, education and health services.

There is a history of third genders in Italy, such as the Femminiello in traditional Neapolitan culture, as well as there being accounts of individuals spending significant portions of their life as genders other than the ones they were assigned at birth, such as Catterina Vizzani in the early-to-mid-1700s.

During the period of fascist rule in Italy from the 1920s to the 1940s, the penal code contained prohibitions against cross-dressing and trans people were targeted by police for arrests. The first documented Italian trans woman to undergo genital reconstruction surgery did so in Switzerland in 1967. However, on her return to Italy, she was detained and confined to a small village in the south of the country.[97]

In 1982, Italy became the sixth nation in the world to recognise the right to change one's legal gender. Before Italy, only Denmark (1929), Sweden (1972), Chile (1974), Norway (1979) and Germany (then-West Germany) (1980) recognised this right. The bill introducing this reform was largely noncontroversial: both Houses of Parliament agreed without objection to delegate the task of passing the draft law to their respective Standing Committees on Justice; therefore, once the law was approved by the said Committees, it was immediately enacted, without the need for a vote by the full House.[98]

In 2006, a police officer was reportedly fired for cross-dressing in public while off duty.[99]

The first transgender MP was Vladimir Luxuria, who was elected in 2006 as a representative of the Communist Refoundation Party. While she was not reelected, she went on to be the winner of a popular reality television show called L'Isola dei Famosi.[100]

In 2005, a couple got legally married as husband and wife. Some years later, one of the parties transitioned as a transgender woman. In 2009, she was legally recognized as such according to Law no. 164 of 1982 (Legge 14 aprile 1982, n. 164). Later, the couple discovered that their marriage had been dissolved because the couple became a same-sex couple, even though they did not ask a civil court to divorce. The law prescribes that when a transgender person is married to another person the couple should divorce, but in the case of the transgender woman mentioned above (Alessandra) and her wife, there was no will to divorce. The couple asked the Civil Court of Modena to nullify the order of dissolution of their marriage. On 27 October 2010, the court ruled in favour of the couple. The Italian Ministry of Interior appealed the decision, and the Court of Appeal of Bologna subsequently reversed the trial decision. The couple later appealed the decision to the Court of Cassation. On 6 June 2013, the Cassation asked the Constitutional Court whether the 1982 law was unconstitutional when it ordered the dissolution of marriage by applying the Law no. 898 of 1970 (Legge 1 dicembre 1970, n. 898), which regulates divorces, even if the couple did not ask to do so. In 2014, the Constitutional Court finally ruled the case in favour of the couple, allowing them to remain married.[101]

On 21 May 2015, the Court of Cassation ruled that sterilisation and sex reassignment surgery are not required in order to obtain a legal gender change.[102][103]

On 15 February 2023, a Court in Trento ruled transgender minors could have their legal gender changed on documents as long as their parents consent and a psychologist has been consulted on the matter.[104]

On 6 July 2023, a Court in Trapani recognized for the first time the right of a transgender woman to change her name and gender identity in the registry office without any surgery performed or planned and without any hormone therapy.[105]

The Italian National Bioethics Committee and the Italian Medicines Agency have demonstrated support for the use of puberty blockers in adolescents with gender dysphoria, expanding coverage by adding them to the list of medications covered by the National Health Service.[106] Still, challenges with accessing puberty blocker medications persist. Specific clinical criteria must be satisfied for treatment including comprehensive medical evaluations, parental consent, and the exhaustion of all other clinical interventions.[106]

The use of puberty blockers in transgender youth is supported by:

  • The Italian Society of Endocrinology (SIE)
  • The Italian Society of Andrology and Sexual Medicine (SIAMS)
  • The Italian Society of Gender, Identity and Health (SIGIS)[107]

Military service

[edit]

Until 1986, "sexual deviance" was a reason for exclusion for military service. At that time, some men claimed to be homosexual to avoid the draft. Lesbians have never been banned from the Italian military since women were first allowed to serve in 2000. Since 2010, discrimination against gays and lesbians in military service is banned, but the situation for transgender people is unclear. The organization Polis Aperta estimates that 5 to 10% of Italians in uniformed service (military or police) are LGBT. Despite the ban on discrimination, some service personnel face harassment or violence because of their sexual orientation.[108]

Blood donation

[edit]

Gay and bisexual men have been allowed to donate blood since 2001.[109]

LGBT rights groups and public campaigns

[edit]
Arcigay's float at the 2007 Rome Gay Pride parade
Participants at the 2017 Naples Pride parade
The 2012 edition of Bologna Pride
Pride revellers in Piazza Vittorio, Turin

The major national organization for LGBT rights in Italy is called Arcigay. It was founded in 1980, and has advocated for the recognition of same-sex couples and LGBT rights generally.

Some openly LGBT politicians include:

In 2007, an advert showing a baby wearing a wristband label that said "homosexual" caused controversy. The advert was part of a regional government campaign to combat anti-gay discrimination.[113]

On 8 June 2019, the 25th edition of Roma Pride was held, with 700,000 people participating.[114][115]

Living conditions

[edit]

Prevailing social attitudes about LGBT issues tend to reflect traditional Catholic values concerning human sexuality and gender roles, with lower support compared to other Western European states.[78] In 2020 LGBT activist and legislator Alessandro Zan described homophobia as widespread and often emerging whenever LGBT people tried to live their lives openly.[79] In June 2020 a man walking with his boyfriend in Pescara was violently attacked by seven individuals, leaving him with severe injuries requiring jaw reconstructive surgery.[79] In September 2020 in Acerra a trans man was injured and his fiancée, a cisgender woman, was killed by the woman's brother who wanted to “teach her” a lesson and rammed their motorcycle with his car.[116]

Pride parades celebrating LGBTQ achievements and community take place in more than 30 towns and cities across Italy from mid-May to the end of September.[117] Turin hosted the conference of the European Pride Organizers Association in 2022, the first time for an Italian city.[118]

The 2019 edition of Salento Pride

A number of Italian cities are recognised as gay-friendly destinations, including Naples, Catania, Turin, Rome, Palermo, Milan, Noto, Bologna, Taormina and Gallipoli.

Public opinion

[edit]
Italians support for gay rights 2003 2009 2010 2013 2014 2015 2016 2019 2020 2021 2022 2023 2024
same-sex civil unions 51.6%[119] 58.9%[120] 61.4% 77.2% 78.6%[121] 64.4% 67.6% 65.1% 67.8% 64.4%[122] 67.1%[123] 64.1%[124][125] 69.3%[126]
same-sex marriage - 40.4%[120] 41% - 47.7%[121] 40.8% 47.8% 50.9% 59.5% 58.4%[122] 61.3%[123] 59.2%[124][125] 64.4%[126]
same-sex adoption 27%[119] 19%[120] - - 28.8%[121] 27.8% 29% 31.1% 42% 44.3%[122] 48.3%[123] 50.4%[124][125] 54.5%[126]

According to data from the 2010 Italy Eurispes report released 29 January, the percentage of Italians who have a positive attitude towards homosexuality and are in favor of legal recognition of gay and lesbian couples is growing.

According to a 2010 poll, 82% of Italians considered homosexuals equal to heterosexuals. 41% thought that same-sex couples should have the right to marry in a civil ceremony, and 20.4% agreed with civil unions only. In total, 61.4% were in favor of a form of legal recognition for gay and lesbian couples. This was an increase of 2.5% from the previous year (58.9%) and almost 10% in 7 years (51.6% in 2003). "This is further proof that Italians are ahead of their national institutions. Our Parliament hears more and more people on the issue and what it hears is to soon approve a law that guarantees gay people the opportunity to publicly recognize their families, as is done in 20 European countries," said the national president of Arcigay, Aurelio Mancuso.[127]

A 2013 Pew Research Center opinion survey of various countries throughout the world showed that 74% of the Italian population believed that homosexuality should be accepted by society (the 8th highest of all the countries polled), while 18% believed it should not.[128] Young people were generally more accepting: 86% of people between 18 and 29 were accepting of gay people, while 80% of people between 30 and 49 and 67% of people over 50 held the same belief. In a 2007 version of this survey, 65% of Italians were accepting of gay people, meaning that there was a net gain of 9% from 2007 to 2013 (the 4th highest gain in acceptance of gay people of the countries surveyed).

In December 2016, a survey was conducted by the Williams Institute in collaboration with IPSOS, in 23 countries (including Italy) on their attitudes towards transgender people.[129][130] The study showed a relatively liberal attitude from Italians towards transgender people. According to the study, 78% of Italians supported allowing transgender people to change their gender on their legal documents (the 4th highest percentage of the countries surveyed), with 29% supporting the idea of allowing them to do so without any surgery or doctor's/government approval (the 6th highest percentage of the countries surveyed). In addition to that, 78.5% of Italians believed that transgender people should be legally protected from discrimination, 57.7% believed that transgender people should be allowed to use the restroom corresponding to their gender identity rather than their birth sex, and only 14.9% believed that transgender people have a mental illness (the 6th lowest of the countries surveyed).

According to Pew Research Center survey in 2015–17, 59% of Italians supported same-sex marriage, while 38% opposed. At 27%, young people aged between 18 and 34 were less likely than their elders to oppose legal gay marriage.[131]

A survey conducted on Ipsos's Global Advisor online platform among more than 19,000 individuals in 27 countries between 23 April and 7 May 2021, found that 63% Italians aged between 18 and 74 believed that same-sex couples should be allowed to marry legally. This percentage was higher than that of some countries where, unlike in Italy, same-sex marriage is legal, such as Australia, France and United States.[132]

A Pew Research Center poll conducted between February and May 2023 showed that 74% of Italians supported same-sex marriage and that 26% were opposed. When divided by political affiliation, support was highest among those on the left of the political spectrum at 88%, followed by those at the center at 74% and those on the right at 66%.[133]

The 2023 Eurobarometer found that 69% of Italians thought same-sex marriage should be allowed throughout Europe, and 71% agreed that "there is nothing wrong in a sexual relationship between two persons of the same sex".[134]

Summary table

[edit]
Same-sex sexual activity legal Yes (Since 1890)[1]
Equal age of consent (14) Yes (Since 1890)[1]
Anti-discrimination laws in employment Yes (Since 2003)[135]
Anti-discrimination laws in the provision of goods and services No/Yes (Applied only at a regional level in Tuscany, Piedmont, Liguria, Marche, Umbria, Sicily, Emilia-Romagna, Campania and Apulia)[8]
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No/Yes (Applied only at a regional level in Tuscany, Piedmont, Liguria, Marche, Umbria, Sicily, Emilia-Romagna, Campania and Apulia; discriminatory language towards sexual minorities banned in street advertisement nationwide since 2021)[81]
Anti-discrimination laws concerning gender identity No/Yes (Applied only at a regional level in Tuscany, Piedmont, Liguria, Marche, Umbria, Sicily, Emilia-Romagna, Campania and Apulia; discriminatory language towards transgender people banned in street advertisement nationwide since 2021)[65]
Same-sex marriage No
Recognition of same-sex couples (e.g. civil unions) Yes (Since 2016)[7]
Stepchild adoption by same-sex couples Yes (Under case law confirmed by the Court of Cassation since 2016)[10]
Foster care by same-sex couples Yes (Since 1983)[35]
Joint adoption by same-sex couples No/Yes (Since 2021 for foreign same-sex couples only but also under case law confirmed by the Court of Cassation)[47][48][49][56]
Single LGBT individual allowed to adopt No/Yes (Since 2019 single individuals, regardless of whether or not they are LGBT, can adopt but only in particular circumstances)[136]
Gays, lesbians and bisexuals allowed to serve openly in the military Yes (Since 2010)[108]
Transgender people allowed to serve openly in the military
Right to change legal gender Yes (Since 1982)[102]
Gender self-identification No
Legal recognition of non-binary gender No
Sterilisation and sex reassignment surgery not required for the change of gender Yes (Since 2015)[137]
Conversion therapy banned on minors No/Yes (Not banned by the law. However, the national psychological association officially stated in 2013 that conversion therapy goes strictly against its code of ethics and therefore is not allowed[138])
Conversion therapy banned on adults No
Access to IVF for lesbians and automatic parenthood No
Commercial surrogacy for gay male couples No (Banned for heterosexual couples as well[139])
Automatic parenthood on birth certificates for children of same-sex couples No (Pending)
MSMs allowed to donate blood Yes (Since 2001)[109]

See also

[edit]

References

[edit]
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Notes

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  1. ^ This list only takes into account the amount of time which has passed since the last time the age of consent was equalised. In some nations, such as Belgium, France and the Netherlands, homosexuality was decriminalised in the late 18th century with an equal age of consent, but the age of consent for homosexual acts was raised in the first half of the 20th century, and ultimately equalising once again at the end in more recent times.
  2. ^ This list also includes laws which were unenforced or largely unenforced.
  1. ^ The part here omitted dealt with homosexual rape.
  2. ^ Full Italian version: "425. Qualunque atto di libidine contro natura, se sarà commesso con violenza, nei modi e nelle circostanze prevedute dagli articoli 489 e 490, sarà punito' colla reclusione non minore di anni sette, estensibile ai lavori forzati a tempo: se non vi sarà stata violenza, ma vi sarà intervenuto scandalo o vi sarà stata querela, sarà punito colla reclusione, e' potrà la pena anche estendersi' ai lavori forzati per anni dieci, a seconda dei casi."[4]
  3. ^ The part here omitted dealt with homosexual rape, and clarified it carried the same penalties as heterosexual rape.
  4. ^ Full original version:
    "Art. 528.
    Relazioni omosessuali
    Chiunque, fuori dai casi preveduti negli articoli da 519 a 521, commette atti di libidine con lo stesso sesso, ovvero si presta a tali atti, sarà punito, se dal fatto derivi pubblico scandalo, con la reclusione da sei mesi a tre anni.
    La pena è della reclusione da un anno e cinque anni
    1°-se il colpevole, essendo maggiore degli anni ventuno, commetta il fatto su una persona maggiore degli anni diciotto
    2°-se gli atti sono commessi abitualmente, o a fine di lucro    ".[15]
Wikimedia Commons has media related to LGBT rights in Italy.

Further reading

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