Arcigay Press Release - Constitutional Court - Arcigay: sentence still far from expectations
20/04/2010
Submitted by
Arcigay International Affairs
The Constitutional Court: "Legal recognition to homosexual unions"
Arcigay: sentence still far from expectations, but many important and positive statements.
Our struggle, inspired by the principle of equality, will continue.
On April 15, one day after the same-sex marriage sentence, the Italian Constitutional Court has published the technical justifications and legal assessments adopted to reach the sentence. Arcigay is not satisfied by the sentence, because it does not recognize the urgency of a formal equality principle and the immediate extension of civil marriage to homosexual couples. However, we recognise that there are many positive elements in the Court’s sentence.
"The Court’s reasons" - says Paolo Patanè, Chairman of Arcigay - "clearly identify areas of recognition for same-sex partnerships. The sentence is not what we hoped for, but it is certainly not what we feared: while the issue is sent back to the Parliament for a discussion on how to fill this substantial legal gap, the legal question remains open with new horizons for the full equality of all types of love, relationships and mutual solidarity."
"Arcigay will continue with tenacity to pursue all legal and political paths, with the strong belief that it is leading a just battle, supported by the principle of equality, which has already taken nearly 30 countries to recognize our families today and that has prompted U.S. President Obama to give equal dignity to gay partners in difficult situations of illness. Based on the Charter of Fundamental Rights of the European Union and the Italian Constitution, this battle fits with the values of human dignity and high principles. According to these important documents, we should already be treated as people and citizens with equal duties and equal rights."
"As Arcigay” - Patanè concludes - " we express respect for the Constitutional Court and gratitude for the work done by the associations Certi Diritti and Rete Lenford, for the initiative they have led in this civil claim. We would like to thank all the lawyers involved in this passionate legal, cultural and social struggle.”
From the Constitutional Court sentence:
8. – The second article of the Constitution states that the Italian Republic recognizes and guarantees the inviolable rights of the person, both as an individual and in the social groups where human personality is expressed, and expects that the fundamental duties of political, economic and social solidarity be fulfilled.
“Social groups” have to include any form of social community, be it simple or complex, able to grant and encourage the free development of individuals in their personal relationships, in a context of a pluralistic model development. This concept has to include homosexual unions, as a stable cohabitation between two persons of the same sex, who have the fundamental right to live freely as a couple, and obtain – in the time, manner and limits prescribed by the law - legal recognition with the related rights and obligations.
Arcigay - Italian lesbian and gay association
www.arcigay.it - international@arcigay.it
Arcigay: sentence still far from expectations, but many important and positive statements.
Our struggle, inspired by the principle of equality, will continue.
On April 15, one day after the same-sex marriage sentence, the Italian Constitutional Court has published the technical justifications and legal assessments adopted to reach the sentence. Arcigay is not satisfied by the sentence, because it does not recognize the urgency of a formal equality principle and the immediate extension of civil marriage to homosexual couples. However, we recognise that there are many positive elements in the Court’s sentence.
"The Court’s reasons" - says Paolo Patanè, Chairman of Arcigay - "clearly identify areas of recognition for same-sex partnerships. The sentence is not what we hoped for, but it is certainly not what we feared: while the issue is sent back to the Parliament for a discussion on how to fill this substantial legal gap, the legal question remains open with new horizons for the full equality of all types of love, relationships and mutual solidarity."
"Arcigay will continue with tenacity to pursue all legal and political paths, with the strong belief that it is leading a just battle, supported by the principle of equality, which has already taken nearly 30 countries to recognize our families today and that has prompted U.S. President Obama to give equal dignity to gay partners in difficult situations of illness. Based on the Charter of Fundamental Rights of the European Union and the Italian Constitution, this battle fits with the values of human dignity and high principles. According to these important documents, we should already be treated as people and citizens with equal duties and equal rights."
"As Arcigay” - Patanè concludes - " we express respect for the Constitutional Court and gratitude for the work done by the associations Certi Diritti and Rete Lenford, for the initiative they have led in this civil claim. We would like to thank all the lawyers involved in this passionate legal, cultural and social struggle.”
From the Constitutional Court sentence:
8. – The second article of the Constitution states that the Italian Republic recognizes and guarantees the inviolable rights of the person, both as an individual and in the social groups where human personality is expressed, and expects that the fundamental duties of political, economic and social solidarity be fulfilled.
“Social groups” have to include any form of social community, be it simple or complex, able to grant and encourage the free development of individuals in their personal relationships, in a context of a pluralistic model development. This concept has to include homosexual unions, as a stable cohabitation between two persons of the same sex, who have the fundamental right to live freely as a couple, and obtain – in the time, manner and limits prescribed by the law - legal recognition with the related rights and obligations.
Arcigay - Italian lesbian and gay association
www.arcigay.it - international@arcigay.it
