The aim is to overcome the legislative instrument of civil unions

Italy is the only country in Western Europe that does not provide for egalitarian marriage, i.e. marriage for same-sex couples in line with the principle of equality. Instead, Italian legislation provides for a separate and limited institution for the unions of gay and lesbian couples, known as the civil union. The latter must be celebrated before the civil registrar - or a delegated person - and two witnesses. A civil partnership is not to be confused with marriage by civil rite, which is instead reserved for couples of different sexes.

The duties of civil union are similar to those of marriage: the obligation to cohabit, the obligation of moral and material assistance, and the duty to contribute to common needs. On the rights side, however, there are differences. While on the one hand, in fact, the partners are spouses to all intents and purposes with the recognition of the survivor's pension in the event of the death of the spouse, legitimate succession to the patrimonial estate and the right to live in the house used as the home of the civilly united couple for life, on the other hand, the union does not entail the recognition of full parental rights and does not allow couples to adopt minors (see article opposite, ed.). Finally, civil unions do not provide for a duty of fidelity.

Eight years after the approval of law 76/2016, so-called Cirinnà law from the surname of the first signatory parliamentarian, in our country we are still far from the introduction of egalitarian marriage, despite the fact that public opinion is largely in favour: according to a study by the Pew Research Center, more than 70% of Italians support the institution by law of egalitarian marriage. That is 30 points more than 12 years ago. There is no shortage of bills, such as the one signed by Ivan Scalfarotto in October 2022, which provides after Article 90 of the Civil Code: "Art. 90-bis. - Marriage may be contracted by persons of different sexes or of the same sex with the same requirements and effects'.

In Europe, 21 countries recognise egalitarian marriage, the latest being Greece, which in February 2024 passed a law presented by the centre-right government of Prime Minister Kyriakos Mitsotakis.