Abstract

The Author argues that same sex and heterosexual partnerships cannot be considered as forms of "family" because the Constitution defines the latter as a "natural association based on marriage". Avoiding superficial references to natural law and considering the historical character of the concept of family, the author proposes an interpretation of "natural" strictly related to the roots of Italian society and in particular the country's legal system and culture. As a result of this interpretation, he demonstrates that any law that assimilates civil partnerships and families (stricto sensu) would constitute a breach of the Constitution. The author then underlines that this specific issue raises more complex problems concerning the theory and the interpretation of the Constitution. In fact it constitutes a good parameter for determining the limits to discordant interpretation of the Italian Constitution, despite the fact that the latter is drafted in such a way as to give rise to heterogeneous readings. In other words, to what extent can new ideas (or models) be introduced without actually amending the Constitution (see art. 138)? In conclusion, the author strongly criticises those who attempt to give meanings to the Constitution that the Constitution does not have and he underlines that all hermeneutical activities, particularly the most innovative, should be carried out on the basis of reasonableness.