A case of creative disruption: the Italian Court of Cassation rules on same-sex marriage

Author/s Xenia Chiaramonte
Publishing Year 2012 Issue 2012/2
Language Italian Pages 8 P. 151-158 File size 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, Un caso di disgregazione creativa. La corte di cassazione sul matrimonio omosessuale in "SOCIOLOGIA DEL DIRITTO " 2/2012, pp 151-158, DOI: 10.3280/SD2012-002008