Same-sex marriage celebrated abroad can be transcribed in Italy.
The Italian Court says the gay marriage is not contrary to the domestic law and public order.
The Court of Grosseto, a city in Tuscany, has given a historic decision on marriage between persons of the same sex. In fact, with the decision of April 3, 2014, the court ordered the Officer of the civil status of Grosseto to transcribe in the registers of civil status the marriage celebrated abroad (specifically in the United States of America) between two U.S. citizens, actually residents in Italy.
The homosexual couple appealed to the Court of Grosseto against the refusal to transcribe the marriage issued by the Officer of the civil status of the Municipality of Grosseto, who argued the impossibility to transcribe the same-sex marriage, because the Italian Law does not allow this form of marriage.
Contrary to the general case-law on the matter (which supports the inability to transcribe the gay marriages celebrated abroad because they are not provided by Italian law), the Court of Grosseto has instead accepted the appeal of the couple, ordering the transcript of the marriage.
The decision of the Court of Grosseto is based on the fact that the marriage contracted abroad already produces its effects in the country in which it was celebrated and its transcription in Italy does not affect the public order. In addition, even if no provision of Italian Law clearly allows the same-sex marriages, it's also true that no provision of Italian law imposes the difference of sex between the spouses as a prerequisite for marriage or for the transciption of a marriage celebrated abroad.
f you need more information or assistance on family law and human rights in Italy, contact Lawyers in Rome
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Published on 20 May 2014
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