Recognition in Italy of same-sex marriages celebrated abroad : the importance of a bottom-up approach

Abstract

This paper aims to challenge the traditional concept of marriage, as union between persons of opposite-sex, which until now has underlain the Italian policy of registration of same-sex marriages celebrated abroad and that the recent Italian law introducing civil unions for same-sex couples has not set aside completely. To this end, this paper explores the interplay of rules on EU free movement of persons and human rights and the recognition of a legal status created abroad. In a situation where the (national and supranational) legal framework fails to address all the problems, a bottom-up approach fuelled by societal change and its reflection in increasing litigation could be decisive. In fact, this kind of approach could lead to solutions which do not always fall into step with the normative context, but which is equally important in order to raise awareness of the need to eradicate any discrimination against same-sex couples.