Italian Constitutional Court denies access to Lesbian couples to assisted procreation techniques: Towards a conviction by the European Court?

The paper present a recent case decided by the Italian Constitutional Court (221/2019), in which it seems that the criteria elaborated by the European Court regarding the protection of homosexual couples have not been respected.

I am referring to the access of lesbian couples to assisted procreation techniques. In Italy,since 2016, a law allows access to these procedures only to heterosexual couples.

An Italian judge noticed a discrimination in this law and raised a question of unconstitutionality to the Constitutional Court.

It should be noted that since 2013 the European Court condemns the States that recognize in their laws some rights to unmarried heterosexual couples and do not extend these rights to homosexual couples.

Despite this doctrine, the Constitutional Court ended up considering “rational and justified” the exclusion of lesbian couples from these types of treatments, with some very conservative and even somewhat worrying arguments, which will be analyzed in the paper.