NATIONAL COMMITTEE "Yes, we do!"
April 16, 2010 PRESS RELEASE
"REQUIRES COURT LEGAL RECOGNITION OF HOMOSEXUAL COUPLES. GAY MARRIAGES ARE FULLY CONSTITUTIONAL "
The spokesman of the National Committee" Yes, I do "about the reasons for the sentence no
138/2010 of the Constitutional Court.
We waited a day after the publication by the Constitutional Court, the reasons for the sentence n.138/2010, which has rejected the appeal lodged by the pair of protagonists of the campaign "Civil Claim", to obtain access marriage, even for homosexual persons.
We waited a day to have the opportunity to study the reasons drawn from the consultation and to receive advice from lawyers who have supported us during this process.
The reasons for the sentence contain important positive aspects.
The Court ruled that the Italian Constitution requires the legal recognition of homosexual unions and that "necessarily requires a general framework, which is currently absent. Thus, the Court identifies a gap in ordinary legislation. All - political forces and institutions - from today will be confronted with the presence of a legislative vacuum unlawful for our Constitution.
These are the words of the Court, which we believe are worth as a warning to the Parliament: "For training to be considered any form of social community, simple or complex, such as to allow and encourage the free development of individuals in their personal relationships, in the context of the enhancement pluralistic model. In this concept is to be counted even homosexual unions, seen as stable coexistence between two persons of the same sex, which has the fundamental right to live freely provided torque, obtaining - in time, in the manner and within the limits prescribed by law - legal recognition with the related rights and obligations. "
The second positive aspect of the sentence is that the Court considers it plausible that the legislature lingers - as experience teaches - to legally recognize same-sex couples and that as a stay of such unlawful, void, Check it reserves to protect same-sex unions whenever present themselves for individual protection requirements consistent with those of heterosexual married couples.
The Court stated: "It may happen, in fact, that in relation to particular cases, and found the need for uniform treatment of the condition of the married couple and that of same-sex couples, this court can ensure that treatment with control reasonableness. " So draw a Look clear path and calls all the Italian courts, in the presence of this lack of protection, to ensure same-sex couples in any occasion where you have needs consistent with heterosexual couples. In the absence of protection, the Court reserves the right to give a reading or to remove the constitutionally illegitimate rule.
The judicial route to obtaining the equal rights and equality he has not closed, as some feared, with the pronouncement of the Constitutional Court. Quite the contrary, the court battle to obtain the rights to thousands of possibilities opens today, which will be assessed and weighed carefully, starting with the same availability date by the Constitutional Court to intervene where there is a difference in treatment between married heterosexual couples and same sex unions.
We think we can read in perspective the reasons for the dismissal of the appeal in relation to art. 29 of the Constitution. The Constitutional Court is limited, in fact, to say it can not intervene in a "creative" on a case that was not taken into account by the Framers to be put under the protection of Article. 29 Encouraged by the Constitution of important legal opinion, we can say, however, that this argument is weak and is likely to be revised in the future, as well as other similar decisions have been overcome in the past.
What is certain is that the Court Constitutional sweeps away all doubt about the constitutional significance of same-sex unions and confirms the constitutionality of civil marriage for gay couples, which is one of the possible choices of the legislature, to whom they entrust the task of determining in what form will the legal recognition of same-sex couples, which is needed. The Committee "Yes, I want it!" Hopes and then not have to listen more, so much as left to right, political support of gay marriage is incompatible with the Italian Constitution.
The Italian Parliament can no longer evade the commitment to provide a framework to homosexual unions. Under represented all politicians and especially those who call themselves progressives and liberals it is now required to give substance to a right clearly recognized.
The Committee invites those who have cheered this argument to read with due attention to the reasons for the sentence. In their rush to bring home a victory, even before knowing the reasons of the Court, have blatantly wrong their forecasts.
The Committee "Yes, I want it!" Wishes to thank all the couples who, with their availability, has allowed the LGBT movement and the whole of Italy make three fundamental steps towards the achievement of civil rights for same-sex unions. It 's a journey that we will continue to travel together.
the National Committee for "Yes, I do," the spokesman
Imma Battaglia (Di'Gay Project)
Enzo Cucco (radical Some Rights Association)
Maurizio Cecconi (Network Lay Bologna) Paolo Patanè
(Arcigay )
Francesca Polo (Arcilesbica)
the National Committee "Yes, I want it!" currently participating
3D - Democrats for equal rights and dignity of lesbian, gay, bisexual and trans
Associazione Culturale ARC Cagliari
AGED - Association Parents of Homosexual Rights
Some
Radical Association Radical Association Enzo Tortora di Milano
Radical Association Giorgiana Masi Bologna
Lanes Association - Basic Christian Community of Pinerolo (To)
Committee Gay and Lesbian Prato
Provincial Committee Arcigay Florence "Il Giglio Rosa ONLUS
Provincial Committee Arcigay Verona Planet Uranus '
Como
Coordination Torino Gay Lesbian Pride LGBT
Di' Gay Project
Federation of Protestant Churches in Italy Fondazione Critica Liberale
Foundation Luciano Massimo Consoli
GAM - Group motorcyclists alternative gay and lesbian
GayLib
Milan
Fish Group Fish Group Rome
Ké Group
Keshet, Jewish life and culture
italialaica.it
Liberacittadinanza - Network girotondi and movements
Nymphs - GenovaGaya
Renzo and Lucio Bologna
UAAR
Network Lay - Union of Rationalist Atheists and Agnostics
0 comments:
Post a Comment