Italy

The history of LGBT rights in Italy is distinct from its European neighbors. It features a very early decriminalization (19th century) followed by a century of silence, where the influence of the Catholic Church and the Fascist legacy prevented the politicization of gay rights until very recently.

Here is the historical overview of the legalization of homosexuality and gay rights in Italy.

Phase I: The Napoleonic & "Zanardelli" Decriminalization (1800–1930)
Italy was one of the first nations to decriminalize homosexuality, largely due to the French influence during the Napoleonic wars, which spread the concept that "sins are not crimes."

1810: Parts of Italy under Napoleonic control adopt the French Penal Code, which does not criminalize sodomy.

1861 (Unification): Italy is unified. However, the laws are fragmented. The Kingdom of Sardinia (the unifier) initially kept laws punishing sodomy, while the south (Naples) did not.


1889: Decriminalization. The new unified Penal Code (the Zanardelli Code) is enacted.

It completely abolishes the crime of homosexual acts between consenting adults.

This made Italy a haven for gay artists and writers (like Oscar Wilde) fleeing persecution in Britain and Germany at the turn of the century.

Phase II: The Fascist "Silence" (1930–1945)
Under Mussolini, the regime considered re-criminalizing homosexuality but ultimately decided against it for a unique propaganda reason: claiming that Italians were "too virile" to be gay.

1930: The Rocco Code is enacted. The draft initially included penalties for homosexuality, but the provision was removed. The Justice Minister argued that a law was unnecessary because "this abomination does not exist in the Italian race."

Reality (Confino): While technically legal, gay men were severely persecuted under "public morality" laws. Thousands were arrested and sent to internal exile (confino) on remote islands like the Tremiti Islands, without trial, simply for being "suspected" of homosexuality.

Phase III: The "Catholic Stagnation" (1945–2015)
For 70 years after WWII, Italy lagged behind Western Europe. The strong political influence of the Vatican (through the Christian Democracy party) blocked almost all pro-LGBT legislation.

1982: Gender Transition Legalized. Italy passes Law 164, allowing transgender people to legally change their gender.

Note: Italy was actually ahead of the curve here, passing this long before many other rights. However, it strictly required sexual reassignment surgery (sterilization).

2003: An EU directive forces Italy to pass a decree banning discrimination based on sexual orientation in employment (but not in housing or goods/services).

2015: Sterilization Requirement Removed. The Court of Cassation and Constitutional Court rule that surgery is not mandatory for legal gender change, ending the sterilization requirement.

Phase IV: The "Legge Cirinnà" Breakthrough (2016)
Italy was the last major Western European country to grant no recognition to same-sex couples. This changed only after the European Court of Human Rights condemned Italy for human rights violations.

2016 (May): Civil Unions (Unioni Civili) Legalized.

Drafted by Senator Monica Cirinnà, the law grants same-sex couples most of the rights of marriage (inheritance, pension, name change).

The "Stepchild" Compromise: To pass the bill against Catholic opposition, the provision for stepchild adoption (adopting a partner's child) was cut from the text. This left children of same-sex families in a legal limbo, dependent on individual judges.

Phase V: The Battle for Parenthood (2017–Present)
Since 2016, the conflict has shifted entirely to the rights of children ("Rainbow Families"). The country has swung between judicial victories and government crackdowns.

2021: The "Zan Bill" (a hate crime law protecting LGBT people) is defeated in the Senate after intense opposition from the Vatican and right-wing parties.

2023 (The Crackdown): The conservative government issues a circular ordering municipalities to stop registering both parents of same-sex couples on birth certificates. In cities like Padua, prosecutors even retroactively challenged birth certificates of children born years prior, attempting to remove the non-biological mother's name.


2024–2025 (Judicial Pushback): The courts intervene to protect children.

2025 (May): The Constitutional Court rules (Sentence 68/2025) that prohibiting the recognition of the non-biological mother in lesbian couples who used medically assisted reproduction is unconstitutional. The court orders that children must have two legal parents from birth to protect the child's identity.

Italy is generally safe in major cities. Rome, Milan, Bologna, and Turin have gay scenes. Public displays of affection may attract attention. Southern regions tend to be more conservative. Pride events in major cities.

Arcigay (Italian LGBTQ organization)
Website: www.arcigay.it

Circolo Mario Mieli (Rome)
Website: www.mariomieli.org