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The arrangements of the Rocco Code have remained in place over subsequent decades, namely, the principle that homosexual conduct is an issue of morality and religion, and not criminal sanctions by the State.
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This did not, however, prevent the fascist authorities from targeting male homosexual behaviour with administrative punishment, such as public admonition and confinement gays were persecuted in the later years of the regime of Benito Mussolini, and under the Italian Social Republic of 1943–45. Repression was a matter for the Catholic Church, and not the Italian State.
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This was to avoid discussion of the issue completely, in order to avoid creating a public scandal. This situation remained in place despite the fascist promulgation of 19 October 1930 of the Rocco Code. This Penal Code became effective in 1890, and there have since been no laws against private, adult and consensual homosexual relations. This bizarre situation, where homosexuality was illegal in one part of the kingdom, but legal in another, was only reconciled in 1889, with the promulgation of the Zanardelli Code which abolished all differences in treatment between homosexual and heterosexual relations across the entire territory of Italy. However, this legislation did not apply to the former Kingdom of the Two Sicilies, taking into account the " particular characteristics of those that lived in the south". With unification, the former Kingdom of Sardinia extended its own criminalizing legislation to the rest of the newly born Kingdom of Italy. One of the two exceptions had been the Kingdom of Sardinia which punished homosexual acts between men (although not women) under articles 420–425 of the Penal Code promulgated in 1859 by Victor Emmanuel II. Italian unification in 1861 brought together a number of States which had all (with the exception of two) abolished punishment for private, non-commercial and homosexual acts between consenting adults as a result of the Napoleonic Code. įurther information: LGBT history in Italy In February 2016, days after the Senate approved the civil union law, a new poll showed a large majority in favour of civil unions (69%) and a majority for same-sex marriage (56%), but only a minority approving of stepchild adoption and LGBT parenting (37%). Although discrimination regarding sexual orientation in employment has been banned since 2003, no other anti-discrimination laws regarding sexual orientation or gender identity and expression have been enacted nationwide, although some Italian regions have enacted far more comprehensive anti-discrimination laws. Transgender people have been allowed to legally change their gender since 1982. The same law provides both same-sex and heterosexual couples which live in an unregistered cohabitation with several legal rights. Stepchild adoption was, however, excluded from the bill, and it is currently a matter of judicial debate. A civil union law was passed in May 2016, providing same-sex couples with many of the rights of marriage. In Italy, both male and female same-sex sexual activity have been legal since 1890, when a new Penal Code was promulgated. According to ILGA-Europe's 2021 report, the status of LGBT rights in Italy is the worst among Western European countries - such as still legally banning same-sex marriage, no discrimination protections for goods and services and also lacking any parental rights for same-sex couples within adoption and IVF. Lesbian, gay, bisexual, transgender ( LGBT) rights in Italy significantly advanced in the 21st century, although LGBT people still face some legal challenges not experienced by non-LGBT residents.