Council of State rules against gay marriage transcriptions
27 Ottobre 2015
(ANSA) - Rome, October 27 - Interior Minister Angelino
Alfano, leader of the small centre-right government partner NCD,
was jubilant on Tuesday after the Council of State, Italy's
highest administrative court, upheld his claim that same-sex
marriages contracted abroad cannot be transcribed in civil
registers in Italy.
"Last year my circular banning the transcription of gay
marriages contracted abroad drew controversy, sometimes even
violent aggression and a hail of appeals. Now the Council of
State has borne me out entirely: marriage between two people of
the same sex is not contemplated under Italian law, therefore
the transcriptions made by local mayors are illegal and
monitoring is the competence of the prefect. Very good," Alfano
The ruling, which overturned an earlier verdict by the
Lazio regional administrative tribunal (TAR) that transcriptions
in civil registers of gay marriages contracted abroad could only
be annulled by court order, was a blow to gay rights campaigners
tired of waiting for lawmakers to give same-sex couples some
form of legal recognition in Italy.
Senator and foreign ministry undersecretary Benedetto Della
Vedova described the ruling as "a victory for none and a defeat
"It is the defeat of a country that remains at the starting
post as regards gay rights, which urgently need to be
regulated," he said.
Parliament is currently considering a bill introducing
civil unions for same-sex couples, which has already met with
Last year Rome Mayor Ignazio Marino walked into
administrative no-man's-land when he transcribed the marriage of
16 same-sex couples contracted abroad into the city registry.
Alfano subsequently ordered the prefect to annul the
transcriptions and cancel them from the registry but Marino
stuck by his guns, lodging an administrative appeal.
He had the support of other city mayors around the country
who had made similar transcriptions.