Italy’s Constitutional Court has ruled that lesbian mothers are entitled to paternity leave, delivering a major setback to Prime Minister Giorgia Meloni’s government and its campaign against non-traditional families.
The landmark ruling declares that excluding so-called “intentional mothers” — non-biological mothers in same-sex relationships — from the ten days of paid paternity leave granted to biological fathers is both discriminatory and unconstitutional. The court found that the 2001 law, which restricted the benefit to male parents, violates the principles enshrined in Italy’s 1947 constitution.
The case was brought by a lesbian couple in Brescia after Italy’s national social security agency, INPS, denied one of the women paternity leave. When the lower court sided with the couple, INPS appealed to the Constitutional Court, triggering a case that has now resulted in a ruling with national and potentially far-reaching legal consequences.
Until now, same-sex mothers had faced institutional dead-ends when applying for paternity leave — the INPS system would simply freeze when such requests were submitted. The court’s decision not only condemns that bureaucratic roadblock but paves the way for equal access to parental rights, regardless of gender or biological status.
Opposition lawmakers hailed the decision as a direct challenge to Meloni’s conservative agenda. Alessandro Zan, a Member of the European Parliament with the Democratic Party, called the ruling “a slap in the face” to a government that has waged “an authentic crusade against rainbow families.”
Senator Alessandra Maiorino of the Five Star Movement added: “This verdict demolishes the legislative hypocrisy that pretends there is only one model of the family. In reality, there are many families — united not by biology but by love and responsibility.”
The ruling also reignites debate around the controversial “Varchi bill,” backed by Meloni’s Brothers of Italy party, which sought to criminalize Italians who use surrogacy abroad — a measure widely viewed as targeting LGBTQ+ families. Both Zan and Maiorino were seen last year protesting against the bill in Rome.
Unsurprisingly, Meloni’s party has condemned the court’s decision. Maddalena Morgante, the party’s spokeswoman on family issues, said the ruling ignores “science and biology,” insisting that “the natural family recognised by our constitution is one composed of a man and a woman.” Catholic traditionalist groups echoed that sentiment, with activist Jacopo Coghe calling the ruling a product of “gender theory follies.”
However, legal experts say the ruling is binding and cannot be appealed. Michele Giarratano, a lawyer specializing in LGBTQ+ family rights, said any attempt by parliament to reintroduce restrictive laws would likely be struck down again.
Though the court did not explicitly address same-sex male couples, legal scholars note that the decision’s rationale — that sexual orientation does not determine parental capability — likely applies to all LGBTQ+ parents.
