The following announcement was delivered into our email box in February, we have published both a translation through Google translate, and the original Italian message:
THE COURT OF GROSSETO SAYS YES TO THE TRANSCRIPT OF MARRIAGE CELEBRATED ABROAD BY PERSONS OF THE SAME SEX
The Court of Grosseto confirmed its decision to consider fully legitimate transcription of marriage celebrated abroad by homosexuals.
The Court of Appeal of Florence had annulled for procedural matters the earlier decision of the same Court which admitted the transcript and the Court, which has to rule again, has decided not to change direction in relation to their pronunciation of almost a year before.
The judges greatly expanding the arguments in support of trascrivibilità of marriage and recognize that there is in our legal system no rule preventing persons of the same sex to marry.
Even the art. 29 of the Constitution which refers to the natural society founded on marriage can be interpreted in favor of the traditional family made up of men and women because, for judges Grosseto, even homosexual unions to be understood as “social formation spontaneous” and therefore presents with features just as natural as the union between a man and a woman.
Judges then entertain long-effectiveness of the rules of international law and say that complex of principles which is the international public policy lets consider legitimate marriage between persons of the same sex.
The Court completes the reasoning of the judges of the Supreme Court in the Judgment n. 4184/2012: as you recall, the Supreme Court had already said that marriage contract abroad for two people is valid and exists but, in the absence of action by the Italian legislature, would not produce effects in our system.
The Judges of Grosseto add, however, that not transcribe marriages between persons of the same sex would result in non-recognition of a status validly acquired abroad and that the individual has the right to have recognized this status, although this right may no arise that complex of rights and duties which form the marriage relationship.
Thus, although in Italy is not recognized the validity of the marriage between persons of the same sex, is a right of individuals to be able to give advertising in our legal status of spouses validly acquired abroad.