LGBT rights in Italy

LGBT rights in Italy
Italy wrapped in the colors of the rainbow flag
StatusSame-sex activity legal nationwide since 1890, with an equal age of consent;[1]
legal in Tuscany since 1853 (as the Grand Duchy of Tuscany),[2][3] in Sicily since 1819 (as the Kingdom of the Two Sicilies)[4][5] and in Naples since 1810 (as the Kingdom of Naples)[4][5][6]
Gender identityTransgender people allowed to change legal gender since 1982
MilitaryGays, lesbians and bisexuals allowed to serve openly
Discrimination protectionsSexual orientation protections in employment (see below);
discrimination based on sexual orientation and gender identity banned in street advertisement since 2021;
sexual orientation and gender identity protections in the provision of goods and services at a regional level in Tuscany, Piedmont, Liguria, Marche, Umbria, Sicily, Emilia-Romagna and Campania
Family rights
Recognition of relationshipsCivil unions since 2016[7]
AdoptionStepchild adoption since 2016. Same-sex couples are allowed to foster children.

Lesbian, gay, bisexual, and transgender (LGBT) rights in Italy significantly advanced in the 21st century, although LGBT people still face various challenges not experienced by non-LGBT residents, despite public opinion being increasingly liberal and in favor of LGBT rights. According to ILGA-Europe's 2021 report, the status of LGBT rights in Italy is below the standards of other Western European countries – such as still not recognizing same-sex marriage, lacking nationwide discrimination protections for goods and services, as well as not granting to same-sex couples full parental rights, such as joint adoption and IVF.[8] Italy and Japan are the only G7 nations where same-sex marriages are not permitted.[9]

In Italy both male and female same-sex sexual activity has been legal since 1890, when a new penal code was promulgated. A civil union law was passed in May 2016, providing same-sex couples with all of the rights of marriage except for joint adoption rights. The law also recognizes same-sex couples as a family. Stepchild adoption was excluded from the bill, but in June 2016 the Supreme Court of Cassation stated that courts can allow a couple in a civil union to adopt their stepchildren.[10] The same law provides both same-sex and heterosexual couples which live in an unregistered cohabitation with several legal rights.[11][12]

Transgender people have been allowed to legally change their gender since 1982. Although discrimination regarding sexual orientation in employment has been banned since 2003, no other anti-discrimination laws regarding sexual orientation or gender identity and expression have been enacted nationwide, although some Italian regions have enacted far more comprehensive anti-discrimination laws. In 2023, a new poll showed a large majority in favour of civil unions (70.1%), a majority for same-sex marriage (65.2%), and also for adoption by same-sex couples (51.4%).[13]

  1. ^ State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults Archived 27 June 2013 at the Wayback Machine
  2. ^ "Codice penale per il Granducato di Toscana (1853)" (PDF). giustizia.it. Archived (PDF) from the original on 8 April 2020. Retrieved 28 August 2022.
  3. ^ Emilio Dolcini (14 May 2012). "Omosessualità, omofobia, diritto penale" (PDF). statoechiese.it. Archived from the original (PDF) on 9 May 2018. Retrieved 17 July 2023.
  4. ^ a b "Codice Penale 1861 (esteso alle province siciliane e napoletane)" (PDF). giustizia.it. Archived from the original (PDF) on 15 January 2022. Retrieved 17 July 2023.
  5. ^ a b "Codice per lo Regno delle Due Sicilie. Leggi della procedura ne' giudizj penali con note e dilucidazioni (1819)". unipd.it. Retrieved 28 August 2022.
  6. ^ "Le leggi penali di Giuseppe Bonaparte per il Regno di Napoli (1808)". 8 November 2023. Retrieved 17 July 2023.
  7. ^ "XVII Legislatura - XVII Legislatura - Documenti - Temi dell'Attività parlamentare". www.camera.it. Archived from the original on 6 March 2020. Retrieved 19 May 2020.
  8. ^ "Country Ranking - Rainbow Europe". rainbow-europe.org. Archived from the original on 21 May 2019. Retrieved 28 October 2021.
  9. ^ McCurry, Justin (2 April 2023). "'It's like we don't exist': Japan faces pressure to allow same-sex marriage". The Observer. Retrieved 6 December 2023.
  10. ^ "Stepchild adoption, Cassazione: sì in casi particolari". 22 June 2016.
  11. ^ "Blog | Unioni civili, matrimoni e convivenze. Ecco cosa cambia in un grafico". 7 June 2016. Archived from the original on 27 March 2019. Retrieved 19 May 2020.
  12. ^ "Blog | Monica Cirinnà: con le unioni civili è appena iniziato il cammino verso l'uguaglianza". 15 February 2017. Archived from the original on 3 June 2021. Retrieved 19 May 2020.
  13. ^ "Atlante Politico 54 - febbraio 2016 - Atlante politico - Demos & Pi". Archived from the original on 27 March 2019. Retrieved 26 August 2016.

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