Aleteia logoAleteia logo
Aleteia
Monday 02 August |
Saint of the Day: St. Peter Julian Eymard
home iconNews
line break icon

Court Urged to Not Impose Marriage Redefinition in Italy

GFU Marcom photos

Catholic News Agency - published on 02/19/14 - updated on 06/08/17

Alliance Defending Freedom protects marriage in Italy.

The legal group Alliance Defending Freedom is asking the European Court of Human Rights not to impose a redefinition of marriage on Italy, which recognizes the unique roles of mothers and fathers for children.

“The people of Italy recognize that men and women bring distinct, irreplaceable gifts to family life, especially for children who deserve both a mom and a dad,” Roger Kiska, senior legal counsel with Alliance Defending Freedom, said Feb. 17.

He said that the European Convention of Human Rights obliges the Strasbourg, France-based court to allow Italy to “define marriage in a manner consistent with this truth.”

According to Kiska, the lawsuit Orlandi v. Italy is “asking the court to step outside of its bounds and impose a redefinition of marriage upon a Council of Europe member state that has exclusive authority over marriage within its own borders.”

The lawsuit followed the Italian government’s denial of a marriage license to a same-sex couple. The couple filed suit with the European human rights court after all of Italy’s courts upheld the law.

Last week, the European Court of Human Rights’ Second Section agreed to allow Alliance Defending Freedom to intervene in the lawsuit as a third party.

The legal group’s brief in defense of Italy’s marriage law considers the European court’s previous positions on the issue and how marriage is treated in other nations’ laws.

The brief responds to claims of an “emerging consensus” recognizing same-sex relationships by noting “an equally strong counter-trend towards recognizing marriage as exclusively between one man and one woman.”

Hungary has recognized traditional marriage in its constitution, two-thirds of Croatian voters opted to recognize marriage in a December 2013 national referendum, and Slovenian voters defeated a proposed 2012 family law revision that would have redefined marriage, the brief notes.

It also cites sociological studies showing that children who do not grow up with both biological parents are “worse-off,” while same-sex couples are more likely to separate than heterosexual couples.

In addition, the legal brief discusses the harms that could result if marriage is redefined under the European Convention on Human Rights, including “serious social and legal consequences for freedom of expression and freedom of religion.”

The document points to examples of those perceived to be enemies of equality being “disenfranchised and often vilified” in law and culture.

Even in countries that have not created same-sex union rights, opposition to solemnizing such relationships can lead to “fines, imprisonment or loss of one’s employment,” the Alliance Defending Freedom brief observes, noting that street preachers who criticized homosexual behavior have been arrested and convicted, while business owners who refuse to condone same-sex relationships have been sued and forced to close. Supporters of traditional marriage have also been denied government facilities because of their views.

In the United States, where Alliance Defending Freedom is based, fines have been levied against a New Mexico wedding photographer who declined to photograph a same-sex commitment ceremony, and lawsuits have been filed against bakeries, camping associations, bed-and-breakfast facilities and a church that declined to participate in same-sex ceremonies.

“No intergovernmental court has ever recognized same-sex ‘marriage’ as a right,” the brief points out. “It therefore stands that this Court should continue to follow its previous holdings that the Convention does not confer a right to same-sex ‘marriage’.”

The European Court of Human Rights has “found it appropriate” to cede authority “exclusively” to its member states over “sensitive moral and cultural questions” such as the definition of marriage, the brief adds. “The Court has held that it could not impose a single moral code over Europe regarding issues of ethical controversy where the opinions among Member States are so diverse.”

Courtesy of Catholic News Agency

Tags:
Homosexuality
Support Aleteia!

If you’re reading this article, it’s thanks to the generosity of people like you, who have made Aleteia possible.

Here are some numbers:

  • 20 million users around the world read Aleteia.org every month
  • Aleteia is published every day in seven languages: English, French, Italian, Spanish, Portuguese, Polish, and Slovenian
  • Each month, readers view more than 50 million pages
  • Nearly 4 million people follow Aleteia on social media
  • Each month, we publish 2,450 articles and around 40 videos
  • We have 60 full time staff and approximately 400 collaborators (writers, translators, photographers, etc.)

As you can imagine, these numbers represent a lot of work. We need you.

Support Aleteia with as little as $1. It only takes a minute. Thank you!

Daily prayer
And today we celebrate...




Top 10
1
SIMONE BILES
Cerith Gardiner
Simone Biles leaves the Olympics with an important lesson for her...
2
Ignacio María Doñoro
Francisco Veneto
The military chaplain who pretended to be a criminal to rescue a ...
3
HIDILYN DIAZ
Cerith Gardiner
Gold-winning Filipina Olympian shares her Miraculous Medal for th...
4
JEDZENIE
Theresa Civantos Barber
The one thing we all should do before this summer ends
5
Zelda Caldwell
German women’s gymnastics teams modest dress protests sport’s ...
6
CARLO ACUTIS
Violeta Tejera
Carlo Acutis’ first stained glass window in jeans and sneak...
7
Zelda Caldwell
World-record winning gymnast Simone Biles leans on her Catholic f...
See More
Newsletter
Get Aleteia delivered to your inbox. Subscribe here.