Jan 132013
 
Corte-Suprema-Casación-Italia

Historical judgment of the Italian Supreme Court of Cassation, which has rejected the appealof a man who had requested that custody was taken him to his ex-wife the son having in common because this has initiated a coexistence with another woman. The highest Italian jurisdiction considers unfounded the arguments and qualifies for "mere prejudice"say that it can be detrimental to the balanced development of a child that this is raised by a LGBT family. The ruling, which has unleashed a tsunami of reactions in Italy, joins a series of recent court decisions that are opening the amino to legal recognition of the same sex couples in the great country of the European Union that still does not recognize any right.

In March the first civil section Court Supreme of Cassation Italian presided over by Judge Maria Gabriella Luccioli issued a historical statement which stated that the components of a homosexual couple have"right to a family life", to" "live freely a couple condition" "and that should benefit from a"I try to be homogeneous to the law ensures the married couple”. Now, this same section of the Italian Supreme Court He has written again a page that is important in the history of the struggle for the recognition of the equal rights for gays in Italy to defend the right of same-sex couples to raise children.

The Supreme Court has failed to request by a man (of which are known only initials, E.T.S.D'ENGINYERIA) resident in the town of Brescia, to the North of Italy, already separated from his wife (which also know only initials, I.B.) and whose son in common now lives with her mother and the couple of this, another woman. In its appeal man turned against the decision in July 2011 a Court of appeals of Brescia granted exclusive custody to the mother, and requested that custody of the child was removed because you grow up in a LGBT family could have"negative impact on the child”. In its appeal the man was, among others, in the Article 29. of title II of the Italian Constitution, which defines the family as one"natural society founded on marriage“. It is, without doubt, favorite Italian homophobic article, and that continually cite to defend equal marriage unconstitutional, while the own Italian Constitutional Court already ruled in 2010 on the theme leaving in the hands of the Parliament the decision to approve the equal marriage.

Now the High Court has rejected the appeal saying that "certainly given something that in reality is not shown"Stressing also that the plaintiff has not presented any evidence of the harmful character of the current family environment of the small. "There is no scientific evidence or facts, but simple prejudice that is harmful to the balanced development of the child the fact of living in a family formed by a homosexual couple“. Man, Muslim religion, shelters are also in their faith, but the Court has also dismissed this argument.

You can download the full text of the judgment by clicking here.

Reactions

Unsurprisingly, the ruling has unleashed a whole wave of reactions in Italy, a country that is currently in the electoral process. Two openly LGBT candidates of the Democratic Party in the upcoming elections, Paola Concia and Ivan Scalfarotto, have welcomed the arguments used, as in the Mario Mieli homosexual culture circleHe stressed that the statement "it may not be denied or falsified" So what "the ignorance of politicians that repeated falsehoods about Homo families buried in one fell swoop". Also the Association Certi Diritti It has entered into what happened and it has asked the future parlamentrios take note and to recognize the rights of the LGBT community at once.

"From the ranks of the right, Maurizio Gasparri - Senator of the people of freedom, PdL, the Party of Silvio Berlusconi--has said that the judges have"violated the Constitution"and ignored the" "numerous studies"according to him demonstrate the psychological damage of children raised in families Homo. "Deputy of the League North Massimo Polledri said for his part that the ruling goes against"nature and 200 years of psychoanalysis"(it is surprising that Polledri, child neuropsychiatrist, show such a degree of ignorance to say that psychoanalysis has 200 years and a single opinion, evenly homophobic, this issue).

Also the Catholic sectors they have loaded with hardness the verdict. For Avvenire, Journal of the Italian Episcopal Conference, the judges have issued that 'the child is a subject can be manipulated in experiments outside the human natural, biological and psychic reality"and the Catholic priest Don Antonio Mazzi (presence in many Italian television programs) has proclaimed that the Court has failed" "against nature". More serious if anything have been statements by Domenico Sigalini, Bishop of the suburbicarian Diocese of Palestrina, which has directly denied the legitimacy of the courts to adopt such decisions.

The issue remains a highly contentious issue in Italy. A recent survey It has been shown While the 54 % the Italians are in favor of equal marriage, the 71 % It is pronounced against the LGBT adoption. The web L'Huffington Post for its part, recently engagedan interesting interview to the problems faced by families homo in a country that does not recognize them rights.

Envoy Eitan Yao

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http://www.dosmanzanas.com/2013/01/italia-la-corte-suprema-argumenta-que-oponerse-a-que-las-parejas-del-mismo-sexo-tengan-hijos-es-un-mero-prejuicio.html

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