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: JURIST - The Paper Chase

Italy high court upholds same-sex marriage ban

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] Italy's Constitutional Court on Wednesday rejected a challenge to the constitutionality of the country's ban on same-sex marriage. After hearing arguments from several same-sex couples who had been denied marriage licenses, courts in Trento and Venice asked the high court to resolve whether provisions in the Italian Civil Code banning same-sex marriage conflict with Articles 2 and 117 of the Italian Constitution. Following a closed session Wednesday morning, the court issued a brief statement declaring the question ineligible with regard to Articles 2 and 117 and unfounded with relation to Articles 3 and 29. The court is expected to issue a detailed judgment soon. In 2007, Italy's Cabinet approved a controversial proposal to grant a number of legal rights to unmarried couples, including those of the same sex. The proposal, harshly criticized by the country's justice minister and bishop, ultimately failed. Italy is one of few Western European nations that does not offer legal recognition to same-sex couples. Most recently, the Portugese Parliament legalized same-sex marriage in January. Prior to that, the Swedish Parliament enacted similar legislation in April 2009.

Full post as published by JURIST - The Paper Chase on April 15, 2010 (boomark / email).