Diritto alla vita familiare e riconoscimento del matrimonio same-sex in Italia: note critiche alla sentenza Orlandi e altri contro Italia

This paper analyzes the ECtHR decision in case Orlandi and others v. Italy, where six same-sex couples complained that Italian authorities refused to register their marriages celebrated abroad, thus preventing them to benefit from any right deriving from their marital status. Even though in Orlandi and others it is once again affirmed that there’s no Convention right to marriage for same-sex couples and that contracting States have wide discretion on same-sex marriages registration, the Court found that Italy breached Art. 8 ECHR, protecting private and family life, since such refusal left the applicants without any kind of legal protection within the Italian legal system.