(ANSA) - Rome, June 12 - The Italian law that annuls a
marriage when one of the partners changes gender cannot stand
because it ignores the possibility the couple may choose to
remain together, the Constitutional Court has ruled.
The ruling late Wednesday, striking down the Italian law,
could open the door to legalizing civil unions, some observers
say.
The Constitutional Court on Tuesday began hearing the case
of a woman, Alessandra Bernaroli, who saw her nine-year marriage
annulled after undergoing male-to-female sex-change procedures
five years ago.
Italy's 15 Constitutional Court judges overturned the
initial marriage annulment made by a Bologna court as well as a
subsequent appeal that upheld the initial ruling against
Bernaroli, a 43-year-old bank employee.
"I think this is the only surgical intervention that causes
the annulment of marriage," Bernaroli said earlier this week of
the sex-change operation which under Italian law leads to the
automatic suspension of the civil effects of marriage.
Bernaroli, then named Alessandro, married in a religious
ceremony in 2005, four years before undergoing surgery in
Thailand to become a woman.
She noted that "the church has never annulled our
marriage".
The Constitutional Court said it was aiming to balance "the
State's interest in not changing the model of heterosexual
marriage...and the interest of the couple where one of the two
components changes sex".
It also suggested lawmakers consider establishing "an
alternative form" of marriage, triggering suggestions that civil
unions be recognized in law.
Lawyer Giovanni Genoa, representing a group advocating for
the rights of lesbian, gay, bisexual, transgender and intersex
people, said that while civil unions are not yet recognized in
Italy, this ruling will help lead to change.
Added Bernaroli: "Meanwhile, we have won and it is not a
trivial matter".
Constitutional Court rejects law on sex-change marriage
Says State must recognize marriage even when gender changes