Rome

Top court to rule on obligatory divorce post sex-change

Cassation raises question of forced dissolution

Top court to rule on obligatory divorce post sex-change

Rome, June 6 - Italy's supreme Court of Cassation asked the country's Constitutional Court on Thursday to rule on the validity of State-imposed, automatic divorces in the case of a sex change by one of the two spouses. "There is reasonable doubt if 'imposed' divorce is Constitutional in the case of one of the two spouses changing sex," the Cassation court wrote. "The dissolution of marriage imposed on the person who changes sex undermines the principle of self-determination of the person who intends undergo a sex change, eliminating the right to family life achieved through marriage for the future," wrote the Cassation court. "To impose divorce is 'State interference' of the personal right of the individual's will," the court wrote. The Cassation Court turned to the Constitutional Court following appeals from a couple from the Emilian town of Mirandola to have their marriage reinstated after it was cancelled from the town's marriage registry in 2011 following the husband's sex change. Same sex marriages are not recognized in Italy.

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