LGBTQ rights in Italy | |
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Status | Same-sex activity legal nationwide since 1890, with an equal age of consent;[1] legal in Tuscany since 1853 (as the Grand Duchy of Tuscany),[2][3] in Sicily since 1819 (as the Kingdom of the Two Sicilies)[4][5] and in Naples since 1810 (as the Kingdom of Naples)[4][5][6] |
Gender identity | Transgender people allowed to change legal gender since 1982 |
Military | Gays, lesbians and bisexuals allowed to serve openly |
Discrimination protections | Sexual orientation protections in employment (see below); discrimination based on sexual orientation and gender identity banned in street advertisement since 2021; sexual orientation and gender identity protections in the provision of goods and services at a regional level in Tuscany, Piedmont, Liguria, Marche, Umbria, Sicily, Emilia-Romagna, Campania and Apulia |
Family rights | |
Recognition of relationships | Civil unions since 2016[7] |
Adoption | Stepchild adoption since 2016. Same-sex couples are allowed to foster children. |
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Lesbian, gay, bisexual, and transgender (LGBT) rights in Italy significantly advanced in the 21st century, although LGBTQ people still face various challenges not experienced by non-LGBT residents, despite public opinion being increasingly liberal and in favor of LGBT rights. According to ILGA-Europe's 2021 report, the status of LGBT rights in Italy is below the standards of other Western European countries – such as still not recognizing same-sex marriage, lacking nationwide discrimination protections for goods and services, as well as not granting to same-sex couples full parental rights, such as joint adoption and IVF.[8] Italy and Japan are the only G7 nations where same-sex marriages are not recognized.[9]
In Italy both male and female same-sex sexual activity has been legal since 1890, when a new penal code was promulgated. A civil union law was passed in May 2016, providing same-sex couples with all of the rights of marriage except for joint adoption rights. The law also recognizes same-sex couples as a family. Stepchild adoption was excluded from the bill, but in June 2016 the Supreme Court of Cassation stated that courts can allow a couple in a civil union to adopt their stepchildren.[10] The same law provides both same-sex and heterosexual couples which live in an unregistered cohabitation with several legal rights.[11][12]
Transgender people have been allowed to legally change their gender since 1982. Although discrimination regarding sexual orientation in employment has been banned since 2003, no other anti-discrimination laws regarding sexual orientation or gender identity and expression have been enacted nationwide, although some Italian regions have enacted far more comprehensive anti-discrimination laws. In 2023, a new poll showed a large majority in favour of civil unions (70.1%), a majority for same-sex marriage (65.2%), and also for adoption by same-sex couples (51.4%).[13]