Same-Sex Marriage and Italian Exceptionalism
In: ICL Journal 2018; 12(4); 431–456
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In: ICL Journal 2018; 12(4); 431–456
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In: Catholic Social Science Review, 15 (2010): 97-123
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In: Journal of church and state: JCS, Band 49, Heft 2, S. 366-368
ISSN: 0021-969X
The historical background for the struggle over same-sex marriage includes marriage in the Western world being a privileged status imbued with a spirit of reverence - being a sacrament in Catholicism and a covenant with God in much of Protestantism. The struggle over same-sex marriage also involves long-standing social forms being challenged by the principles of freedom and equality - a point illustrated in the picture on the cover of Pinello's book showing a same-sex marriage rally demanding free and equal access to marriage.
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In: Białostockie Studia Prawnicze 2019 vol. 24 nr 1
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Working paper
In: Vienna online journal on international constitutional law: ICL-Journal, Band 12, Heft 4, S. 431-456
ISSN: 1995-5855, 2306-3734
Abstract
This article unveils Italy's exceptionalism in recognising and protecting same-sex couples by adopting a three-dimension analysis: constitutional, comparative and supranational. It maintains that, compared to other countries whose courts were sympathetic with the legal claims raised by lesbian and gay people, Italy's Constitutional Court adopted a totally different approach, reinforcing the heteronormativity of marriage in a way that delayed all efforts to pass a law on same-sex registered partnerships. The Constitutional Court, in particular, interpreted the Constitution, the experience of other nations and supranational law according to heteronormativity, an example that is unique in the comparative context. As an illustration, this article addresses the case Bernaroli vs Ministry of the Interior. In Bernaroli, a male-to-female transgender person wanted to remain married to her wife notwithstanding the transition. The case ignited a heated debate among scholars and questioned the courts' opinions as to the human rights dynamics surrounding same-sex marriage and, more importantly, about the current role of heteronormativity in marriage law. This article concludes that the legal existence of Bernaroli's marriage represents a constant challenge to the status quo and highlights the permanent crisis of heteronormativity. After the Austrian Constitutional Court's recent ruling that declared the law on same-sex domestic partnership to be discriminatory, heteronormativity's defence became even more untenable, making Italy's a true exception in the continent's legal landscape.
In: Journal of GLBT Family Studies, Forthcoming
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In: 114 Columbia Law Review Sidebar 97 (2014)
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In: Perspectives on politics: a political science public sphere, Band 3, Heft 2, S. 269-284
ISSN: 1537-5927
In: Perspectives on politics: a political science public sphere, Band 6, Heft 1, S. 179-181
ISSN: 1537-5927
In: The responsive community, Band 8, Heft 4, S. 56-65
ISSN: 1053-0754
In: The responsive community, Band 8, S. 56-65
ISSN: 1053-0754
In: Politics & gender, Band 6, Heft 1, S. 134
ISSN: 1743-9248
In: Northwestern Journal of Law and Social Policy, Band 6, Heft 1
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In: Public affairs quarterly: PAQ, Band 23, Heft 4, S. 343-357
ISSN: 0887-0373