Martedì, 16 Ottobre 2018

Top court to rule on obligatory divorce post sex-change


Rome, June 6 - Italy's supreme Court of Cassation
asked the country's Constitutional Court on Thursday to rule on
the validity of State-imposed, automatic divorces in the case of
a sex change by one of the two spouses.
"There is reasonable doubt if 'imposed' divorce is
Constitutional in the case of one of the two spouses changing
sex," the Cassation court wrote.
"The dissolution of marriage imposed on the person who
changes sex undermines the principle of self-determination of
the person who intends undergo a sex change, eliminating the
right to family life achieved through marriage for the future,"
wrote the Cassation court.
"To impose divorce is 'State interference' of the personal
right of the individual's will," the court wrote.
The Cassation Court turned to the Constitutional Court
following appeals from a couple from the Emilian town of
Mirandola to have their marriage reinstated after it was
cancelled from the town's marriage registry in 2011 following
the husband's sex change.
Same sex marriages are not recognized in Italy.

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