On December 14, 2017, theEuropean Court of Human Rights rendered its judgment in the case of Orlandi and Others v. Italy (application no. 26431/12) The European Court of Human Rights held, by five votes to two, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.
The case concerned a complaint by six same-sex couples that they had been unable to have their marriages, which they had contracted abroad, registered or recognised in any form as a union in Italy. They alleged, among other things, discrimination on the grounds of their sexuality.
The Court noted that States had wide discretion on the question of whether or not to allow or register same-sex marriages. However, it found that there had been a violation of the couples’ rights after they had married abroad because Italian law had not provided any legal protection or recognition for them before 2016 when legislation on same-sex civil unions had come into force.
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