The Italian Senate blocked a bill that would define homophobia as a hate crime, equivalent to racism. The vote, not by name, was held last Wednesday (27) and had a final score of 154 votes against the text and 131 in favour.
Dubbed the Zan law – a reference to Deputy Alessandro Zan, of the Democratic Party (PD), openly gay – the text intended to punish acts of discrimination and incitement to violence against the LGBTQIA+ population. The project provided for punishments in cases of prejudice also against people with disabilities.
The end result was considered a victory for the country’s right-wing and conservative parties, who accused the legislation of restricting what they call divergent opinions on issues involving the LGBTQIA+ community.
Another concern of these parliamentarians was that the text would inhibit the defense of conservative groups that a family requires the union of a man and a woman.
After the rejection was announced, senators opposed to the bill stood up and applauded the result.
The disapproval of the text was also influenced by the Vatican, which feared that the approval would bring restrictions on religious freedom. The Catholic Church refuses to bless gay marriages and opposes the adoption of children by gay couples and the teaching of gender in schools.
In March, the Vatican banned priests and other church ministers from blessing same-sex unions and declared that such blessings would not be considered lawful if performed.
At the time, an official note from the Congregation for the Doctrine of the Faith —one of the bodies responsible for establishing guidelines for Catholics— said that “God cannot bless sin.”
The body further stated that the decision was not intended “to be a form of unfair discrimination, but rather a reminder of the truth of the liturgical rite.”
The measures run counter, to some extent, to some nods that Pope Francis has made to the LGBT community since taking office. In specific speeches, the pontiff has defended that same-sex couples must be protected by civil union laws and condemned homophobic practices, saying that he does not feel in a position to judge homosexuals.
The bill barred on Wednesday had already been approved by the Chamber of Deputies in November last year, by 265 votes in favour, 193 against and 1 abstention. With the Senate’s disapproval, however, the Parliament will not be able to reopen discussions on the subject for six months, as determined by the regulations of the Italian Legislative.
With that, according to center-left congressmen, it will be impossible to pass the bill even in this legislature, which ends in the first half of 2023. “The law is dead,” Senator Dario Parrini (PD) told Reuters news agency.
Alessandro Zan called the result a “black page for democracy and rights” and accused the Senate of “being far from the real demands of the country”. According to a survey carried out in July, the law would have 62% support from the population.
Right-wing leader Matteo Salvini linked the final result to what he called the arrogance of centre-left parties, including former Prime Minister Giuseppe Conte’s 5 Star Movement. “[Eles] they said no to all mediation proposals, including those made by the Holy Father [papa Francisco]”he stated.
Among the 27 members of the European Union, Italy is among the five nations that do not have any kind of censorship against crimes and hate speech against the minority, along with Latvia, Poland, Czech Republic and Bulgaria.
Over the past 25 years, there have been several attempts to create a law to punish acts of homophobia and transphobia, but all have failed. Italy’s largest LGBTQIA+ rights group, Arcigay, registers more than 100 cases of hate crimes and discrimination each year.
On another front of guaranteeing the rights of this population group, Italy allowed, in 2016, same-sex unions. However, other civil rights laws have often been marred by strong opposition from Catholic and conservative groups.
In Brazil, civil marriage between people of the same sex was authorized after a decision of the STF (Supreme Federal Court) of 2011 and a resolution of the CNJ (National Council of Justice) of 2013.
In June 2019, the STF included homophobia and transphobia in the law on crimes of racism until the National Congress approves legislation on the subject.
In November 2020, the Senate approved a bill that includes in the list of aggravating penalties crimes committed “on grounds of discrimination, prejudice based on race, color, ethnicity, religion, national origin or sexual orientation”. The matter is currently being analyzed by the Constitution and Justice and Citizenship Committee of the Chamber of Deputies.
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