NELFA press release 3 February 2017

Full recognition to foreign same-sex marriage! The Network of European LGBTIQ* Families Associations welcomes the Italian Supreme Court’s decision.

NELFA, the Network of European LGBTIQ* Families Associations, is very pleased about the recent developments in the case of our Board member, Giuseppina La Delfa. In July 2015, the Court of Appeal of Naples ordered the registration of the French marriage by Giuseppina La Delfa and Raphaëlle Hoedts, two French women with Ms La Delfa also an Italian citizen. The Mayor of Santo Stefano del Sole had denied the recognition of their marriage, which led to a claim before the Court of Cassation, Italy’s Supreme Court in civil matters.

On February 1st, 2017, the Court found that the mayor had unlawfully denied the recognition and ordered the administration to pay the legal fees. Furthermore, the Court, after keeping the decision on hold for almost seven months, eventually dismissed the claim on procedural grounds, thereby making the order to register the marriage final and irrevocable.

The decision of the Naples Court is available here (in Italian).

Following the judgement, Giuseppina La Delfa, NELFA Board member and successful applicant, said, ‘After years of costly and stressful battles in court, we finally are acknowledged in Italy for what we already are in France – a loving family. We strongly hope that this decision will pave the way to full equality of rainbow families in Italy!’

Maria von Känel, NELFA‘s President, adds, ‘This is the first decision granting full recognition to a foreign same-sex marriage. By moving from one country to another, rainbow families should not have to risk losinge their rights. According to the EU free movement provisions, we are entitled to preserve our fundamental rights, including the one to be recognised as family.’