Decree of the Court of Grosseto, Civil Section, 17 February 2015

The Court of Grosseto ordered the transcription in the vital records of a same-sex marriage celebrated in New York. Although the same-sex marriage is not contemplated in Italian legislation, there is not an express or implicit prohibition of the same. The jurisprudence of the Supreme Court of Cassation concerning the meaning of the term ‘family’ has deeply changed over the years, in consequence of the interpretation given by the European Court of Human Rights to Articles 8 and 12 of the ECHR. Also relevant is the interpretation of Article 9 of the EU Charter of Fundamental Rights from the EU Court of Justice. Based on Italian norms on private international law, the recognition of foreign decisions and other legal acts concerning family as well personality rights may encounter limits, only, by reason of public order. This is not the case of the same-sex marriage celebrated abroad in conformity with the local legislation, however, because the concept of ‘international public order’ must be assessed in light of the national legislation of all States and of the fact that the same-sex marriage is provided in the legislation of many European States. It is true that each State has a margin of appreciation with regard to the ways (possibly, other than marriage) through which the rights and duties of same-sex couples must be protected. This does not means, however, that the State is free to discriminate certain persons on the grounds of their sexual orientation, as this would be contrary to Article 14 of the ECHR.

  • See also:

    Decision of the Court of Cassation, III Civil Section, No. 19405 of 22 August 2013.

  • Original language: Italiano