Abstract

Words like «family» and «marriage» are rarely matched with same-sex couples in the Italian public debate. The main reason is cultural, as the use of these words is connected to an implicit heterosexual paradigm which is typical of the Italian laws. Starting from this fact, we will try to understand why the institution of marriage should include same-sex couples, after having clarified: a) what is the legal difference between the marriage and the right to marry and its involvements on modification of the usual interpretation of the related laws; b) what is the legal condition of the same-sex couples in Italy, nowadays; c) why legal instruments different from marriage are inefficient.