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A case of creative disruption: the Italian Court of Cassation rules on same-sex marriage
Journal Title: SOCIOLOGIA DEL DIRITTO  
Author/s: Xenia Chiaramonte 
Year:  2012 Issue: Language: Italian 
Pages:  8 Pg. 151-158 FullText PDF:  206 KB
DOI:  10.3280/SD2012-002008
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The Italian Court of Cassation has decided that same-sex marriages entered into abroad cannot be registered in Italy because of their unfitness to produce effects - no longer because of their purported "non-existence". The European Court of Human Rights has radically overcome the approach that a difference of gender between the parties to the marriage is a prerequisite. The decision of the Court of Cassation maintains continuity with the previous decisions of the Italian Constitutional Court and may be seen as an example of what Lawrence Friedman defined as "disruption through court".
Keywords: Gay rights - Same-sex couples - Same-sex marriage - Registration

Xenia Chiaramonte, A case of creative disruption: the Italian Court of Cassation rules on same-sex marriage in "SOCIOLOGIA DEL DIRITTO " 2/2012, pp. 151-158, DOI:10.3280/SD2012-002008

   

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