giovedì 17 aprile 2014

Italian Town vote in favour to recognize a gay marriage

Antonio Garullo and Mario Ottocento
On Thursday the Council of the Comune of Latina voted a motion in support of the recognition of the marriage of Antonio Garullo and Mario Ottocento contracted in The Netherlands in 2002. Berlusconi's party hold the majority of the Council.  The Mayor of Latina, Giovanni di Giorgi belongs to a major far-right party and voted in favour of the motion. The motion is addressed to the Italian Government which may solve the question arose after the Grosseto case.

Antonio Garullo and Mario Ottocento were the first Italian gay couple to be married more than 10 years ago in Holland. In 2004 they asked the Ufficio dello Stato Civile of the Comune of Latina to register their marriage but their application was turned down. So the couple sued the Comune of Latina, but in 2005 the Tribunale of latina rejected their complaint. Then they appealed the Court decision to the Court of Appeal of Rome where they found a second denial. Eventually the couple appealed the second negative decision to the Supreme Court of Cassation. In 2012 this court rejected their appeal but delivered a landmark opinion for LGBT rights. That Court said that the Italian laws should treat gay and straight couple equally. 

Antonio and Mario asked the Comune of Latina to record their marriage on April 15 and this afternoon the Council of the Latina approved in a 14-2 vote (1 absentee) a motion in support of the record of their marriage. Berlusconi's party hold the majority of the Council.  Now the Italian government may say if the Comune of Latina should register this marriage. 

Antonio and Mario applying for their marriage record

lunedì 14 aprile 2014

Marriage recorded

Giuseppe and Stefano Marriage certificate

On Monday the Comune of Grosseto recorded the marriage of Giuseppe Chigiotti (68) and Stefano Bucci (57) contracted in New York City in late 2012. The Comune of Grosseto complied with judge Ottati order

The marriage certificate format was amended with these words: «Coniuge» and «Coniuge» instead of «Marito» and «Moglie» (Spouse instead of Husband and Wife).

A record of a marriage contracted abroad means that Giuseppe and Stefano are married according to the Italian laws. So Giuseppe and stefano are the first gay couple recognized as married in Italy.

Giuseppe and Stefano got married in New York on December 6, 2012. Giuseppe is an architect and Stefano is a journalist and pen for on of most famous Italian newspaper - Corriere della Sera. Afterwards the Ufficio dello Stato Civile (Office of the Clerk) of the Comune of Grosseto rejected Giuseppe and Stefano application for the record of their marriage. 

In March 2014 they appealed the denial to the Tribunale of Grosseto and on April 9, 2014, judge Paolo Cesare Ottati ordered the Comune of Grosseto to record the marriage of Giuseppe and Stefano. The Comune didn't defend the denial before the court. 

The Procuratore Capo of Grosseto (Attorney General) said that he will appeal the order of judge Ottati to the Court of Appeal of Florence. This court cannot put a stay on the order.

giovedì 10 aprile 2014

AG to appeal Grosseto Marriage decision

Francesco Verusio, Procuratore Capo of Grosseto
The Procuratore Capo (AG) of Grosseto (Tuscany), Francesco Verusio, said that next week he will appeal the decision of judge Ottati of the Tribunale of Grosseto. The case will be appealed before the Court of Appeal of Florence. 

Stay tuned: I will provide you a legal analysis of the court decision

The decision of judge Ottati is a final order so the comune of Grosseto, as promised by its Mayor, Emilio Bonifazi will comply with that order. The Ufficio dello Stato Civile (Office of the Clerk) of the comune (county or township) will register the marriage of Giuseppe Chigiotti (68) and Stefano Bucci (57).

Catholic reactions
The local reports the disappointing comment of the Italian Bishops Conference (CEI):
 But Angelo Bagnasco, the president of the CEI, has argued that marriage should be between “a man and a woman”.
In a statement on the CEI’s website, he said the court’s decision “raised serious questions” and was likely to “sweep away the fundamental pillars of the institution of marriage” that are “rooted in our culture, and recognized and guaranteed in our constitution”
The same day of Ottati's decision the Italian Constitutional Court struck down a ban on the law regulating assisted reproductive technologies. That Court found unconstitutional the ban on the use of donor sperm and eggs. Catholics enraged by that decision once and in the evening by judge Ottati's decision.

mercoledì 9 aprile 2014

Italy: Judge orders the recognition of a gay marriage

New York City - Giuseppe Chigiotti and Stefano Bucci
History has been made: affirming that "a same-sex marriage contracted abroad is not against the Italian laws" an Italian judge ordered the recognition of a same-sex marriage contracted in New York City.

In a 5 pages opinion Judge Paolo Cesare Ottati of the Civil Court of Grosseto (Tuscany) ordered the recognition of the marriage of Giuseppe Chigiotti (68) and Stefano Bucci (57) contracted in New York City in late 2012.

According to the judge the Italian Civil Code does not ban same-sex couples from marriage.

The judge concluded that "It's undisputed that this marriage produces lawful effects in the State which was performed (New York, USA) and it is not against that laws".

LGBT rights advocates hailed the decision.

HERE: photos

martedì 8 aprile 2014

San Marino to consider recognition of out-of-state Same-Sex Marriage

Monte Titano
The oldest republic in the world, San Marino, is now considering the recognition of the marriages of gay couples contracted abroad. 

On Sunday Federico Podeschi filed an Istanza d'Arengo (Initiative of the Council) in Palazzo Pubblico (the Government body of San Marino) which will recognize the marriages of same-sex couples contracted abroad. 

Podeschi was the San Marino consul in Wales and on March 29 he married his Welsh partner Darren Williams. They were the first couple in Wales to enjoy the new English and Welsh legislation commenced that day.

The istanza is now before the two Reggenti (Governors) of San Marino who have a month to approve or reject the initiative. If approved the initiative would be introduced in the Consiglio Grande e Generale (San Marino legislature) and then the istanza will face a vote. 

The mandate of the Reggenti lasts only 6 months so in October San Marino will elect another two governors (and then in April 2015). If the two Reggenti reject the istanza the citizenry of San Marino could file the same initiative the first Sunday after the October elections.

San Marino decriminalizes same-sex sexual acts only in 2004 and in 2012 the legislature approved a bill that grant visa rights to the foreign partner of a cohabitant couple. 

Federico Podeschi and Darren Williams