'A Case with Peculiarities': Mixed Same-Sex Marriages Before the Supreme Court

The Italian Law Journal, Vol. 04, No. 01, pp 273-288

HEC Paris Research Paper No. LAW-2018-1290

16 Pages Posted: 26 Jul 2018

Date Written: July 26, 2018

Abstract

This article examines the judgment of the Italian Supreme Court (Corte di Cassazione) no 11696 of 14 May 2018 concerning the legal status of mixed same-sex married couples under Italian law. It explores the problems relating to the recognition and the civil status registration in Italy of couples of the same sex where one spouse is a foreigner and the other is Italian. Legge 20 May 2016 no 76 (registered partnerships law) and decreto legislativo 19 January 2017 no 7 established a regime under which Italian couples who married abroad are recognised and registered, hence downgraded, as civil partners, whereas foreign couples are recognised and registered as married. They say nothing, however, on mixed couples. During the parliamentary debate, however, the government affirmed that their main concern was to avoid Italians to circumvent the registered partnerships law by marrying abroad and then obtaining the recognition of their marriage in Italy. Based on this intent, the Supreme Court found that mixed couples are subject to the same antielusive logic – a construction that this article criticises under several viewpoints.

Suggested Citation

Winkler, Matteo, 'A Case with Peculiarities': Mixed Same-Sex Marriages Before the Supreme Court (July 26, 2018). The Italian Law Journal, Vol. 04, No. 01, pp 273-288; HEC Paris Research Paper No. LAW-2018-1290. Available at SSRN: https://ssrn.com/abstract=3220493

Matteo Winkler (Contact Author)

HEC Paris ( email )

1 rue de la Libération
Jouy-en-Josas Cedex, 78351
France

HOME PAGE: http://www.hec.edu/Faculty-Research/Faculty-Directory/WINKLER-Matteo-M

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