In a significant legal victory for LGBTQ rights, Italy’s far-right ruling party, Brothers of Italy, has been directed to compensate a same-sex couple, BJ Barone and Frankie Nelson, after unlawfully employing a photograph of them with their infant son in an anti-surrogacy campaign without their consent. The couple’s heartwarming moment from 2014, when they welcomed their son Milo through a surrogate mother, was improperly seized by the party for a 2016 advertisement. The court has mandated that the party pay €10,000 (£8,600) to each member of the couple as damages.
Italian LGBT law firm, Gay Lex, took on the case and succeeded in proving the “offensive use of their image.” The legal triumph, although being appealed by Brothers of Italy, signifies a vital stride in safeguarding the rights of LGBTQ individuals against unauthorized use of their personal lives for political purposes.
The incident has shed light on the broader context of LGBTQ rights in Italy. The Brothers of Italy, a descendant of Mussolini’s Fascist Party, has sparked outrage on multiple occasions. Their decision to prevent the registration of children of same-sex parents prompted widespread protests, amplifying concerns about the state of LGBTQ acceptance and equality within the nation.
For Barone and Nelson, this victory signifies not just a legal triumph, but a symbolic milestone for the LGBTQ+ community both in Italy and worldwide. The couple conveyed, “Our birth photo symbolizes our values: family, acceptance, and unconditional love. This win against Fratelli and the Prime Minister empowers us to reclaim our photo and reaffirm that family is defined by love.”
The unlawfully used photograph, captured by Lindsay Foster, also gained notoriety for its misuse by independent Irish politician Mary Fitzgibbons in 2016, who employed it without consent to promote an anti-surrogacy stance for same-sex parents.
This legal victory serves as a testament to the enduring resilience of LGBTQ individuals and their ongoing struggle for recognition, respect, and equal rights in society.