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Italy: Constitutional Court Holds Gay Marriage Hearing; Decision Likely Tomorrow

Tuesday, March 23rd, 2010

Note: I haven’t found any english sources on this yet, and this is the clearest traslation I was able to get with google translate, so please excuse the imperfect English! :) –Scott, GMW

Original Article from QueerBlog.it

It all started around 11:00 this morning, when the Constitutional Court opened the public session to discuss the constitutional eligibility of marriage between persons of the same sex. They spend a few minutes and the Court retreats to closed session, must decide on the admissibility of the intervention of the pairs of applicants and of the Radical certain rights: in practice, the constitutionality of same-sex marriage in Italy. Did not take long and after about fifteen minutes of deliberations, the Court considers inadmissible the intervention. You start to tremble and someone begins to fear the worst. Is declared inadmissible the intervention of lawyers in court and certain rights of an unmarried couple homosexual.

In examining the appeal judges said that the ban violates the constitutional principle of equality between citizens and is contrary to European standards. The result would also “unreasonable difference in treatment” between homosexuals and transsexuals since the latter – after gender reassignment – allowed marriage between persons of the same sex as their origin.

In an appearance for the Presidency of the Council is the advocacy of state that is fighting for the inadmissibility on all fronts. As stated before the court of consultation: it would produce a “transaction manipolatura tissue statement” it is for the legislature.

The hearing lasts several hours, then the decision: the judges of the Constitutional Court, chaired by Francesco Amirante, will meet in closed session at 17.00. It will come out with a sentence. Meanwhile, at 15.00 the National Committee for the recognition of marriage between same sex Yes, I want it, announce a press conference at the Press Room of the Chamber of Deputies. Are: Imma Battaglia, Maurizio Cecconi, Enzo Cucco, Paolo Patanè, Francesca Polo.

Back to 17.30 to meet the Consulta, but you can see almost immediately that there will be a decision day. Meanwhile, come the first policy statements.

Renata Polverini Pdl candidate for president of the Lazio region:

“I’ve already told the basis of marriage is the difference between the sexes. Civil rights are individual and non-record.”

Emma Bonino, the center-left candidate for the presidency Lazio:

“What I will say the Constitutional Court will be a constraint for all, full stop. Precisely for this reason there are institutions in a democratic country, and I think that these are the judgments that must be respected.”

Franco Grillini:

“Whatever the orientation of the Constitutional Court on same-sex marriage, the debate today is an event of historic significance because she points to a de facto discrimination: one is people who can marry the other citizens who can not marry.”

Carlo Giovanardi:

“The consultation can not reject the Italian Constitution. Article 29 is clear, the family is a natural society formed by marriage. And the family is made up of a man and a woman, our constituents had not the slightest doubt that marriage was the union between a man and a woman. So I expect the Consulta mouth appeal.”

Lawyers are also involved in the discussion of the couples who have turned to the courts before and today the consultation. Clarify the Advocate Vittorio Angiolini:

“It is arguable that it should be only the legislature to recognize the social evolution of the family as a natural society founded on marriage because it may be only the legislature, then it would have more sense to speak of natural society. Furthermore, there is no infringement of freedom of others, neither the children nor any third party. Whether therefore the Constitutional Court to take contezza that society has changed.”

He is echoed by the lawyer Vincenzo Zeno Zencovich:

“It is not Parliament but the Constitutional Court to be called to recognize certain rights. La Consulta often anticipate these awards even before the intervention of the legislature as in the past has happened for example the reform of family law.”

Tomorrow, we’ll see how it will end!

Italy: Constitutional Court Decision on Gay Marriage Due Today

Tuesday, March 23rd, 2010

Here’s an international court case quietly bubbling underneath the surface. Today, the Italian Constitutional Court will decide whether several provisions under Italy’s civil code that currently restrict marriage to just “one man, one woman” are unconstitutional. Their ruling could be a major step toward marriage equality in Bel Paese – a nickname for Italy that literally means “Beautiful Country.” Nothing could make it more beautiful than marriage equality, right?

The lawsuit, and a subsequent campaign known as Affermazione Civile (“Civil Affirmation” in English … but really, it sounds so much more beautiful in Italian), has been pushed by two Italian gay rights organizations, Certi Diritti and Rete Lenford. These two groups believe that denying same-sex couples the right to get married violates principles of equality set forth under Italy’s constitution.

“Gay people have the same mix of reasons as non-gay people for wanting the freedom to marry, and the law should not discriminate against committed couples or deny them civil marriage licenses with the same responsibilities, same rules, and same respect,” they write.

Full Story from Gay Rights

Click here for gay marriage resources.

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Portugal: President Had “Doubts” About Constitutionality of Marriage Equality Bill

Monday, March 22nd, 2010

Portugal’s President Anibal Cavaco Silva has said he forwarded a gay marriage bill to the nation’s Constitutional Court because he has “doubts” about its constitutionality, Portugal’s Jornal de Noticias reported. Speaking to reporters Friday, Cavaco Silva said he forwarded four out of five of the bill’s articles to the Constitutional Court because “he had doubts about its constitutionality.”

But he did not respond when asked why he did not include Article 3, which would ban adoption by married couples.

Portugal’s Socialist-controlled Parliament, led by Prime Minister Jose Socrates, approved on February 11 the bill that gives gay and lesbian couples the right to marry but prohibits adoption. The court has 25 days to rule on the matter.

Full Story from On Top Magazine

Click here for gay marriage resources.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Portugal: Gay Marriage Bill On Track for May Implementation

Monday, March 22nd, 2010

Same-sex marriages could start in Portugal as soon as May this year. Parliament finalised and passed a law legalising same-sex marriage on 11 February, and the law was sent to President Aníbal Cavaco Silva on 5 March.

On 13 March, Cavaco Silva sent it to the Constitutional Court for review, and the court must act on the review by 8 April. The bill then will return to the president, who will have 20 more days to mull it over. If he signs it, it becomes law. If he vetoes it, Parliament is expected to pass it again, which would then force Cavaco Silva to sign it.

Should the Constitutional Court find some problem with the law, which is considered to be unlikely, Parliament then probably would amend it to address the court’s concerns.

Full Story from the Pink Paper

Click here for gay marriage resources.

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Portugal: President Sends Gay Marriage Bill to Court for Review

Monday, March 15th, 2010

Portugal President Anibal Cavaco Silva has forwarded a gay marriage bill approved by Parliamentarians to the nation’s Constitutional Court, Lisbon’s Diario de Noticias reported. Cavaco Silva asked the court to review the constitutionality of 4 out of 5 of the bill’s articles. Article 3, which was not forwarded, would forbid married gay and lesbian couples from adopting children.

The Constitutional Court has already ruled against gay marriage. In a narrow 3-to-2 decision last year, the court denied a lesbian couple the right to marry, despite a provision in the constitution that bans discrimination on the basis of sexual orientation.

The nation’s Socialist-controlled Parliament, led by Prime Minister Jose Socrates, approved the measure on February 11.

Full Story from On Top Magazine

Click here for gay marriage resources.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.