Italy’s constitutional court just served up a major helping of justice for LGBTQ families—ordering that nonbiological mothers in same-sex unions be granted the same parental leave as fathers. In a landmark decision, the court ruled that Italy’s 2001 parental leave law was unconstitutional for excluding lesbian mothers from its 10-day paternity leave mandate. Essentially, the court told the government: if there’s a baby in the house, both moms matter.
The ruling emphasized what should be obvious—that a child’s right to spend time with both parents doesn’t hinge on their gender or biology. “Responsibilities and rights don’t change based on sexual orientation,” the court declared, stepping in where Italy’s current far-right government has dragged its heels.
And that government, led by hardliner Prime Minister Giorgia Meloni, has been anything but quiet about wanting to turn back the clock on LGBTQ rights. With policies aimed at criminalizing surrogacy and restricting fertility treatments, Meloni’s crew has tried to brand “traditional family values” as the gold standard. But Italy’s highest court isn’t buying it.
This is the second judicial mic drop in two months. Back in May, the same court ruled that lesbian couples could both be recognized on their child’s birth certificate—another slap at laws that had given exclusive legal recognition to only the biological mother. Monday’s ruling complements that, reinforcing the message that families with two moms aren’t second-class.
Lawmaker Alessandro Zan, a longtime LGBTQ advocate, didn’t mince words. Calling the ruling historic, he posted, “Justice reminds the government of a simple principle: love is family.” He’s not wrong. And in a country where surrogacy has been banned since 2004 and IVF access remains tightly regulated, such rulings offer rare and precious wins for rainbow families.
Of course, not everyone’s celebrating. The conservative group Pro Life and Family dismissed the decision as “ridiculous,” lamenting that “gender craziness” is taking over Italian law. But let’s call it what it is—progress. And a long-overdue acknowledgment that parental love doesn’t come with a sperm count.
This court’s boldness doesn’t just reshape Italy’s legal landscape. It signals hope for LGBTQ families fighting for recognition around the world. While Meloni’s administration clings to the past, the court has its eyes set on an inclusive future—one where all parents, regardless of who they are or who they love, are seen, respected, and legally protected. That’s amore.