| Age of Consent | Legislation/Cases/References |
| 1. |
National
The age of consent for male homosexual sex is 14 years [R1.1]. |
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Assisted Reproduction Technology Artificial Insemination, In Vitro Fertilisation, Surrogacy | Legislation/Cases/References |
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| 1. |
National
In February 2004, Italy's parliament approved a contentious law on assisted reproduction aimed at reining in the unregulated world of fertility medicine, prohibiting the use of donor sperm, eggs or surrogate mothers and restricting assisted fertilisation to "stable" heterosexual couples - not single mothers or homosexuals [R1.2].
Previously:
In December 2003, Italy's Senate approved tough new rules restricting fertility treatments to heterosexual couples who live together and are of childbearing age [R1.1].
The law also bars egg or sperm donation, as well as the use of surrogate mothers, and rules out treatment for gays, single people and elderly women.
It imposes tough sanctions: Fines of $363,000 to $726,000 for using donors, and 10- to 20-year jail terms and fines up to $1.21 million for doctors who try to clone humans. |
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| Civil Unions, Partners (Domestic, Registered) | Legislation/Cases/References |
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| 1. |
Regions
In April 2004, the Statute Commission of the Regional Council of Tuscany completed two articles regulating couples that concern the safeguarding of the family values based on marriage and the recognition of other forms of living together [R1.2].
In 2002, the Valle d'Aosta region gave certain rights to same sex couples, like the ability to take out a loan together [R1.1]. |
| 2. |
Cities & Towns
A few cities, namely Bologna, Florence [R2.3], Pisa [R2.2], Ferrara and Terni have instituted civil registers that take note of same-sex marriages, but they have no legal implications.
Pisa City Council's credit arm offers a discount equal to 1% of the loan mortgage plus a 2% cash injection directly from the Council to couples in a committed relationship, under 35 years of age and with a modest income [R2.1]. |
| 3. |
Churches
On 26 August 2010, the joint synod of the Waldensian and Methodist Protestant churches agreed to authorise the blessing of same-sex couples in church under certain conditions [R3.1]. |
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| Defamation, Libel, Slander | Legislation/Cases/References |
| 1. |
Courts & Tribunals
In January 1997, Judge Luca Pistorelli threw out a defamation case on the grounds that calling someone lesbian or gay is no insult [R1]. |
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| Discrimination | Legislation/Cases/References |
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| 1. |
National
On 26 July 2011, the Chamber of Deputies voted 293 votes to 250 to reject a bill that would have protected LGBT people from discrimination, including specifiing homophobia aggravation as a crime [R1.3].
In 2003, discrimination in employment based on sexual orientation became unlawful [R1.2].
Previously:
In October 1999, an Anti-discrimination bill was introduced in parliament by Italy's minister for equal opportunities would, among other things, ban discrimination based on sexual orientation [R1.1]. |
| 2. |
Regions
The Statute Commission of the Regional Council of Tuscany has completed a statute safeguarding family values based on marriage and the recognition of other forms of living together and making discrimination based gender, age, religion etc. and 'sexual tendencies' unlawful [R2.1]. |
| 3. |
Courts & Tribunals
On 26 July 2011, the Chamber of Deputies voted 293 votes to 250 to reject a bill that would have protected LGBT people from discrimination, including specifiing homophobia aggravation as a crime [R3.2].
In July 2008, a court ordered the Italian government to pay €100,000 (£80,000) in damages to a man forced to retake his driving test because he was gay [R3.1]. |
| 4. |
Health, Medical
In September 2005, Italy's health minister ordered a Milan hospital to end its practice of refusing gays who want to donate blood [R4.1]. |
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Gender Identity, Intersex, Transgender, Transsexual
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| 1. |
National
In January 2010, the BBC reported that an almost empty medium security women's prison would be converted into a specially equipped detention centre for transgenders [R1.2].
In 1982, a specific law recognising the "new" gender after Gender Reassignment treatment came into effect [R1.1]. |
| 2. |
Gender Identity
On 11 March 2011, the Tribunal of Rome granted gender reassignment in a case where the applicant eventually decided not to undergo gender reassignment surgery and referred to a previous decision of 1997 by the same court [C2.2], [R2.1]. |
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| Hate Crime | Legislation/Cases/References |
| 1. |
National
On 26 July 2011, the Chamber of Deputies voted 293 votes to 250 to reject a bill that would have protected LGBT people from discrimination, including specifiing homophobia aggravation as a crime [R3.2]. |
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| Homosexuality, Sodomy | Legislation/Cases/References |
| 1. |
National
Consensual sex between same-sex couples has reportedly been lawful in Italy since 1890 [R1.1]. |
| 2. |
Courts & Tribunals
In April 2000, the Italian Supreme Court caused a furore by aligning itself with the Roman Catholic Church's definition of homosexuality as a "psychiatric illness or disorder" [R2.1]. |
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| Inheritance | Legislation/Cases/References |
| 1. |
Courts & Tribunals
In October 2009, the Court in Rome was asked to rule on the legitimacy of same-sex unions and the rights of surrogate children lying at the heart of a bitter inheritance battle involving one of Italy’s richest families [R1.1]. |
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| Marriage | Legislation/Cases/References |
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| 1. |
National
Italy grants no rights to same-sex unions [R1.2].
In October 2002, Stefania Prestigiacomo, Minister for equal opportunities stated "It is not part of this Government's plan to allow for marriage between gay couples" [R1.1]. |
| 2. |
Cities
In October 2002, the first gay wedding to be publicly celebrated in Italy took place at the French Consulate in the capital Rome [R2.1].
France allows homosexual marriages under an agreement called PACS, or the Civil Pact for Solidarity, and one of the partners was French. |
| 3. |
Church & Clergy
In March 2003, a priest in the northern city of Pinerolo near Turin defied a Vatican order that he leave the priesthood after he performed a series of gay marriage ceremonies and indicated he had no intention of stopping gay and lesbian couples from getting married in his church. [R3.3].
In July 1998, Archbishop of Florence Cardinal Silvano Piovanelli wrote that opening the common law marriage rolls to gay couples in Florence "is against the teachings of the church, that doesn't correspond to our society's or to traditional Christianity's concept of family" [R3.2].
In December 1996, Pope John Paul II confirmed his anti-gay stance when he declared that any sort of relationship other than traditional heterosexual marriage presents a threat to society [R3.1]. |
| 4. |
Courts & Tribunals
In June 2011, the Court of Appeals in Bolgna reportedly divorced a couple lawfully married in 2005 without their consent, because the husband 40-year-old Alessandro Bernaroli had changed his sex [R4.3].
In April 2010, the Constitutional Court rejected appeals by three same-sex couples whose marriage filings were refused by local officials [R4.2].
In March 2010, the Constitutional Court was considering the question of same-sex marriage. A decision was expected mid-April [R4.1]. |
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| Military | Legislation/Cases/References |
| 1. |
National
In November 2008, openly gay, lesbian and bisexual persons were reportedly allowed to serve in the army [R1.3].
In January 2000, there was no official policy on gays in the Italian military, but gay men were reportedy often allowed exemption from Italy's compulsory 10-month military service if they admit they are homosexual and say they fear discrimination [R1.2].
In December 1999, it was reported that overt homosexual behavior can be grounds for dismissal [R1.1]. |
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