Legislative proposal suggests that a crime motivated on the basis of the afflicted party’s sexual orientation be added to the list of aggravating factors contained in the penal code.
The UDC raises a point of order, arguing that the proposal is inconstitutional insofar as it violates articles 3 and 25 of the Constitution (equality before the law and rights of the defendant).
Specifically, they argue that since the bill contains no definition of homosexuality, the reference to sexual orientation could include “incest, paedophilia, zoophilia, sadism, necrophilia, and masochism”, and that wouldn’t be on.
(The constitutional case is pretty weak in its textual basis: it’s all inferences from “canons of reasonableness” and the principio di tassatività [anyone translate that in fewer than five words?])
The centre-right majority votes for the point of order, but one of the devout Catholics — Paola Binetti — within the Partito Democratico votes for it.
Dario Franceschini criticises her, says her vote isn’t compatible with the PD’s values.
He’s probably right — but isn’t it funny how this former Christian Democrat has morphed into a more laïque Berlusconi-basher in the few days since he realized the majority of party members preferred Bersani, isn’t it?