Make the civil union introduced by Cirinnà law of 2016equal to civil marriage, that is, extending access to civil marriage also to couples formed by people of the same sex. The purpose of referendum on egalitarian marriageas you may have read on social media, this is this. And everything seems very simple and shareable. On the website of the Ministry of Justice It is explained that the goal is to eliminate some sentences and some paragraphs of the law.
The signature collection began the May 5th And it will go on for three months, until August 5, and for now it has collected 51% of the subscriptions useful to indirect the referendum, over 255 thousand signatures. Proposes it The same Committee! by Volt Italiabut there are many jurists and experts who have questioned their effectiveness. In particular The Lenford networka group of lawyers who have been fighting for civil rights for years, have written a post on the matter: “In these days the request for signatures for a referendum is circulating online, which is described by the Promoting Party with these words:” It signs for the referendum on the wedding of Same Sex couples “. This is not the case. Even if at least 500,000 signatures were collected by August 3, 2025 and even if the referendum was judged admissible (and, therefore, actually proposable) by the Constitutional Court, un favorable outcome in the polls would not introduce marriage to couples formed by people of the same sex in Italy. In fact, that referendum wants to maintain the civil unions introduced in 2016, eliminating the parties that differentiate them from marriage also with respect to the filiation. The consequence of a ‘yes’ victory would be, therefore, this: the Same Sex couples could only continue to join civilly, equaling the effects of their union to the marriage ones, but they could not marry ». We also asked the lawyer and activist Cathy the tower to clarify. “It is talked about a lot now”, explains the Torre, “probably because on social networks, many people, in good faith, induced entitled” Referendum for the egalitarian marriage “have started to make the signature collection spin. But the reality is another ».
Why are many jurists against?
“Because in Italy, according to our Constitution, the referendums can only cancel, in whole or in part a law – they are called” abrogative ” – therefore in this case they could cancel some pieces of the Cirinnà law but never and never introduce the egalitarian marriage.
So it is impossible because there is no possibility according to the Constitution. By repealing some paragraphs of the rule, therefore it would not be automatically to equalize the two institutes: the egalitarian marriage can only be done through a law that Parliament, alas, does not do! ».
How is the LGBTQIA+community reacting?
“It is worried that a false expectation in people who, I repeat, in good faith, are signing, thinking that we could get the egalitarian marriage and instead it is not so”.
On paper, the goal of the referendum is the extension of the rights denied today to non -heterosexual couples or queer: therefore it is not true, even in the case of Stepchild Adoption.
«According to the Committee yes, but it is a huge hypothesis. As a jurist I believe that, if the question is ever admitted by the Constitutional Court – and I consider it highly unlikely – the referendum would not produce any concrete difference in the life of us LGBTQIA+ people because, I insist, there is no automatism between the cancellation of some pieces of the Cirinnà law and the recognition of adoptions also for people of the same sex. In short, civil unions will continue to be called “civil unions” and only homosexual people will be intended, while the marriage will be, alas, still only for heterosexual people “.
According to the supporters of the referendum, however, if you win, it would be a great signal: Parliament would have only one way in front, a new equal law on marriage.
«I don’t think. Do you remember the referendum on public water? Does it seem to you that after the enormous victory of the “yes” the provision of the water has been nationalized or is the water a common and public good? Unfortunately nothing happened ».
Source: Vanity Fair

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