Same-Sex Marriage, Italian Style

Authors

Matteo M. Winkler, HEC Paris Business School

Abstract

The article examines Italy's exceptionalism in same-sex marriage rights through the lens of the Bernaroli case, highlighting the country's divergence from European legal trends. It argues that the Italian Constitutional Court's heteronormative interpretation of Article 29 of the Constitution, which prohibits same-sex marriage, reflects a broader resistance to recognizing same-sex unions despite international human rights standards. The case underscores the tension between domestic law and supranational legal frameworks, such as rulings from the European Court of Human Rights, which have increasingly supported the recognition of same-sex relationships. The article concludes that while Italy has made limited progress with its 2016 civil union law, it remains out of step with European norms, emphasizing the need for legislative and judicial alignment with international standards.

Disciplines

Law | Law and Gender

Recommended Citation

Matteo M. Winkler, Same-Sex Marriage, Italian Style, 23 Cardozo J. Equal Rts. & Soc. Just. 1 (2016).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol23/iss1/3