Salvini, the decree that imposes “father” and “mother” on the identity card is illegitimate

Sonia and her partner have won their legal battle against the Ministry of the Interior and they can both be indicated as “parents“, on the identity card of their minor daughter. The court of Rome accepted the appeal of the two mothers against one 2019 decree issued by Matteo Salvini, with which the then Minister of the Interior had imposed on homoparental couples from identify themselves as “father” and “mother”despite the negative opinions of the Privacy Guarantor and the municipalities.

With a measure strictly dictated by a vision ideological of the world and what the family is about, intended to restrict the freedoms of Italian citizens, Salvini’s decree has changed the wording to be printed on electronic identity cards issued to minors. According to the Northern League leader’s provision, in the fields containing the names of people with parental responsibility, the municipalities are forced to write “father” And “mother“and no more”parents” How it was already foreseen up to that momenteven for families made up of two mothers or two fathers.

Legal battle

But a couple of mothers have decided to ichallenge Salvini’s measure before the law, asking the court of Rome to disapply the decree. Request widely and firmly accepted by Judge Francesco Crisafulli, who did collapse all the arguments presented by the Interior Ministry to attempt to justify the legitimacy of the ministerial provision. The lawyer Vincenzo Miri, president of the Lenford network of lawyers for lgbtq+ rights, and the lawyer Federica Tempori, a member of the Lenford network and a member of the Rainbow Families legal group, denounced the decree because in violation of a dozen international standardsincluding the one that guarantees respect for private and family life.

For the Ministry of the Interior, the decree would have defended “fundamental and unsurpassed” republican principles of public orderincluding what he would mean “filiation exclusively as descent from persons of different sexes”as stated above Republic. But for Judge Crisafulli these arguments did not have no senseon the contrary, the Interior Ministry would have been guilty of the crime of “ideological fake”. Indeed, in his reasons, the judge explained how “a document that indicates one of the two women as the father contains a altered, and therefore false, representation of reality and integrates the material details of the crime of false ideology committed by the public official in a public deed”.

The decree remains in place

But not only, “there misrepresentation of the role of one of the two parents, in clear contrast to hers sexual and gender identity” would have had serious consequences “on respect for rights guaranteed by the Constitution”. Finally, Crisafulli stressed that these rights, and especially that “to the correct family representation” it is not only up to the mothers, but also, in this case, to the girl. This is an important ruling, but it only applies to this case. Indeed the decree was not declared unconstitutional or withdrawn, but still remains in force and will continue to apply. Who could change this injustice is the current interior minister, Matteo Piantedosi, or rather Salvini’s former chief of staff and certainly not a supporter of the defense of the identity and rights of same-parent couples.