Italian town to recognize a same-sex marriage

Fausto Schermi and Edwin Van Dijck - Mayor Stefano Aguzzi

The Mayor of the town of Fano (Marche) said he is ready to register a marriage of a gay couple performed in The Netherlands.












On May 30 the marriage of Fausto Schermi and Edwin Van Dijck will be registered in the Registro dello Stato Civile (Civil Registry). According to the Italian laws the mayor is the registrar so Stefano Aguzzi (center-right), the Mayor of Fano, will be the one who will register the marriage of the couple on Friday. This will also be the last act of Aguzzi as the mayor of Fano.

Schermi and Van Dijck got married in The Netherlands in 2008. After the order of the Civil Court of Grosseto to recognize a gay marriage performed in New York City, Fausto and Edwin asked Mayor Aguzzi to register their marriage. They did it on May 17, the IDAHOT, with a march through the streets of Fano. (here: photos). 

No Mayor has done such a thing yet. It will be the first time. In April the Civil Court of Grosseto ordered the recognition of a marriage of two men and then the Comune of Grosseto complied with the order. In addition the Council of Latina asked the Ministry of Interior how to deal with the issue. 

In all of these occasions the mayors were already ready to register a same-sex marriage, but not the Parliament to recognize neither civil union nor minimal rights and duties. We should also take in account that the Mayor of Fano belongs to the center-right political mainstream and the Mayor of Latina belongs to a national far-right party (Fratelli d'Italia, Brothers of Italy). Something has changed in these days. Nothing in the benches of the most secular Italian legislature of ever.  

Italian town will "recognize" same-sex marriages performed abroad.

Gavorrano (Grosseto, Tuscany)

In an unanimous vote the Italian town of Gavorrano will "recognize" marriages of same-sex couples performed abroad.





The town of Gavorrano (Tuscany) approved on May 21 a motion calling for the recognition of same-sex marriages performed abroad. Even though the vote will not bind the Ufficio dello Stato Civile (Office of the Clerk) to register the marriages of same-sex couples performed abroad, the motion will be considered a "signal" for the Italian Parliament. 8575 inhabitants, Gavorrano lies near to Grosseto, the town where for the first time in the Italian history a marriage of a same-sex couple was registered after a court order. That order was appealed to the Court of Appeal of Florence.

On April 17 the town of Latina (Lazio) asked the Minister of Interior whether a same-sex marriage performed abroad was to be registered. In the coming weeks Rome, Milan and Turin will table a vote on the same motion of the town of Latina.

Meanwhile the Ufficio dello Stato Civile of the town of Fano (Marche) is pondering the same question. A gay couple - Fausto and Edwin -  asked the Mayor of Fano to recognize their marriage contracted  in The Netherlands in 2008. The Mayor said he would favor the recognition but he preferred to entrust the task to the Office of the Clerk of Fano. The Office will deliver its opinion next week. If the Ufficio will reject their application the couple will appeal the denial to a court. (HERE: photos).

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

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.

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.

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

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