#Italy: Italian Senate finally approves law on civil unions

On 25 February, the Italian Senate (one of two parliamentary chambers) voted in favour of a Same-Sex Civil Union and Cohabitation Bill which would establish an institution of civil unions for same-sex partners and cohabitation for all couples. This is the first time that Italian parliamentarians have supported the legal recognition of same-sex couples. 

However, in the final negotiations between the two governing parties, the centre-left Democratic Party (PD) and the centre-right Nuovo Centro Destra (NCD), two provisions were removed from the original bill, namely second parent adoption, and a fidelity requirement.

The proposed legislation contains many encouraging provisions, such as equality in matters of tax, social security and inheritance. And yet, this historic bill has missed an opportunity to include all Italy’s children within its provisions. 

The law was voted following weeks of political debates, public support and public opposition, conflicts within the Democratic Party, conflicts with coalition' allies and with the oppositions. It was often an ugly showing of bigotry, false informations and violent hate speech.

This conflict had the direct consequence of eliminating any reference about adoption in the bill. Unfortunately the Democratic Party, first promoter of this bill written by Senator Monica Cirinnà, never had enough senators to vote the law on its own. Around 35 senators of PD itself were against the bill, in addition to the contrariety of coalition's party NCD and of the majority of opposition's parties.

The opposition presented around 5000 amendments to the bill and with support eroding from the Five Star Movement, the Democratic Party had to come to terms with his ally and change the original text.

Now the bill has to be confirmed in the Parliament, where the Democratic Party has a comfortable majority, before it will become an official.

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Brian Sheehan, Co-Chair of ILGA-Europe’s Executive Board, said: "Voting in favour of legal recognition for same-sex couples is a hugely important and symbolic moment for LGBTI people in Italy. The Italian public already clearly demonstrated their support for greater equality when a million people all across the country came onto the streets a few weeks ago. But this is not the law that they supported – the LGBTI community had been calling for protection for couples and their children. The two amendments do not respect the dignity of existing LGBTI families."

Joyce Hamilton, Co-Chair of ILGA-Europe’s Executive Board, continued: "Same-sex couples are raising children as we speak. These children already exist and have had to listen as some politicians derided their lives in an acrimonious public campaign. After all of that, children in rainbow families are still left in legal limbo and unprotected. Additionally, the removal of the fidelity clause (requiring the couples to remain faithful to each other) is simply an attempt to distinguish civil unions from marriage as much as possible."

Many LGBTI organizations were deeply disappointed about this outcome, that almost relegates LGBTI families to second-class status. However, where politics couldn't, the legislative power may intervene. Already before this bill was passed, Italian judges ruled in favour of stepchild adoption for LGBTI couples, now with same-sex civil unions finally legal, it should be even easier to obtain second parent adoption.

Moreover, Monica Cirinnà, the promoter of the historical bill, said that a new bill on adoption is 'almost ready'. This eventual new bill should finally put an end to any normative discrimination towards same-sex couple.

What was perhaps more shocking was the public debate around this issue. The debate was characterized by divisive, polarising political discussions and hate speech by some Italian politicians recorded throughout the campaign, both from within the Senate and in the public arena.

Italy was the only country in Western Europe to didn't have any sort of recognition for same-sex couples and had been under pressure to legislate following a last year’s European Court of Human Right judgment. The Court stated that the country was violating the European Convention on Human Rights by failing to provide legal recognition for same-sex couples. This bill, albeit incomplete, finally fix this normative issue. 

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