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Are we heading towards the recognition of gay marriage in Italy?

And if we got married at low tide? © Flickr.com / Andrea.

(Blogmensgo, October 25, 2011) The Court of Civil Affairs of Reggio d’Emilie, in Italy, was seized in mid-October 2011, with an application for a visa for a Uruguayan married to an Italian. The 42-year Italian and 30 year old Uruguayan and were married in March 2010 in Spain, where gay marriage is legal. Judgement was reserved until mid-November 2011.

The couple were married in Palma de Mallorca, while working in Spain. The couple finally decided to go to Italy because of the economic crisis in Spain. As a citizen of a country outside the European Union, the Uruguayan husband can not reside in Italy without an immigration visa. That is why the couple, legally married, applied for Decree No. 30 of 2007 which transposed into Italian law a European directive on the right to family reunification.

The application for family reunification was dismissed at trial, arguing that the Constitutional Council has ruled twice that gay marriage was illegal in Italy.

Lawyers for the couple state that they do not require the legalization of gay marriage in Italy, but more specifically the recognition of the right to family reunification as recognized, which the Italian couple was able to benefit from in another EU member countries, namely Spain. In this, they say, that Article 2 of Decree of 2007 contravenes the rules of European law and it is even unconstitutional.

Radical Association Certi Diritti, meanwhile stated that the Italian legislation is contrary to the treaties of Nice and Lisbon respectively regarding the free movement of persons and the fight against discrimination.

This article was translated from our french blog, please click here for the original article.

Philca & Matt / MensGo, according to an original article by Giorgio BlogMensGo.it
(via Gazzetta di Reggio, 18 October 2011)

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