Italian unification in 1861 brought together a number of States, almost all of whom abolished punishment for private, non-commercial homosexual acts between consenting adults as a result of the Napoleonic Code.

However, of the Penal Code promulgated in 1859 by Victor Emmanuel II of the Kingdom of Sardinia still punished consensual homosexual acts under Article 425, which read: 425.

Lustful acts against nature [...][a] shall, if they have given rise to a complaint or caused a scandal, carry the penalty of imprisonment or of hard labour for no more than ten years.

[d] When Rocco eventually introduced the new Penal Code before Parliament, he decided not to include said Article, claiming that "in Italy, the abominable vice is not present to such an extent that the criminal law should concern itself with it".

The arrangements of the Rocco Code, namely, the principle that homosexual conduct is an issue of morality and religion, and not criminal sanctions by the State, have remained in place over subsequent decades.

In the early 1960s, three bills aiming at re-criminalising gay sex were introduced, but none of them were ever even put up to a vote, due to lack of support from the Christian Democratic majority.

On 8 February 2007, the Government led by Romano Prodi introduced a bill[20] which would have granted rights in the areas of labour law, inheritance, taxation and health care to same-sex and opposite-sex unregistered partnerships.

In 2010, the Constitutional Court (Corte Costituzionale) issued a landmark ruling which recognized same-sex couples as a "legitimate social formation, similar to, and deserving homogeneous treatment of, marriage".

In the same day, Gian Marco Centinaio, Vice President of the Senate and member of the League, said the centre-right majority would "start looking into Scalfarotto's proposal", adding "I think society progresses, and I believe we must march forwards and not backwards".

This provision implies resorting to a civil lawsuit where "a rigorous factual investigation carried out by the court, effectively ascertains that adoption is in the child's best interest".

[40][41] In February 2017, the Trento Court of Appeals recognized both male same-sex partners as fathers of two children born with the help of an egg donor and a surrogate mother in Canada.

At first, a judge ruled against the couple, who later appealed; a higher court held that since each man's sperm was used to fertilise eggs from the same donor and one of each was implanted into the surrogate, both men would be able to register the birth of their own child and become its legal parent.

[58] On March 13, 2023, the city of Milan, which had been registering kids from same sex parents independently to bypass anti-LGBT restrictions in the national law, stopped issuing birth certificate after being ordered to do so by the Government.

As a result of that, children with no birth registration can be denied inheritance, healthcare and child support rights, among other things, or ultimately become orphans and be put up for adoption to other parents by the government under Italian law.

[59][60] On 30 March 2023, the European Parliament approved by show of hands a resolution formally condemning the Italian Government's policy regarding same-sex couples' parental rights.

[61] On June 21, 2023, the Italian Minister for Equal Opportunities and Family, Eugenia Roccella, commented about what happened in Padua and she stated that there is no need for both members of a same-sex couples to be recognized on the children's birth certificate, since the non-biological parent is always able to seek a court order allowing them to adopt their partner's child.

The order aimed to retroactively remove non-biological mothers from the birth certificates of 37 children dating back to 2017; however, the court found it inadmissible.

[63] Discrimination on the basis of sexual orientation in employment has been illegal throughout the whole country, since July 2003 when, in order to conform with European Union directives, the second Berlusconi government issued Legislative Decree no.

However, on 15 January 2023, a court in Rome ruled against a school who had fired a trans professor due to her gender identity, claiming that it amounted to sex discrimination.

[71] On 16 May 2013, a bill which would prohibit discrimination based on sexual orientation and gender identity was presented in a press conference by four deputies of four different parties.

The proposal, drafted by Democratic Party MP Alessandro Zan, supported by the centre-left coalition, while the Lega, Brothers of Italy and the Italian bishops' conference opposed it; Forza Italia treated the Bill as a matter of consciousness and granted its MPs a free vote.

In 2004, Tuscany became the first Italian region to ban discrimination based on sexual orientation and gender identity in the areas of employment, education, public services and accommodations.

During the period of fascist rule in Italy from the 1920s to the 1940s, the penal code contained prohibitions against cross-dressing and trans people were targeted by police for arrests.

[102][103] On 15 February 2023, a Court in Trento ruled transgender minors could have their legal gender changed on documents as long as their parents consent and a psychologist has been consulted on the matter.

[104] On 6 July 2023, a Court in Trapani recognized for the first time the right of a transgender woman to change her name and gender identity in the registry office without any surgery performed or planned and without any hormone therapy.

[117][118] Prevailing social attitudes about LGBT issues tend to reflect traditional Catholic values concerning human sexuality and gender roles, with lower support compared to other Western European states.

[79] In June 2020 a man walking with his boyfriend in Pescara was violently attacked by seven individuals, leaving him with severe injuries requiring jaw reconstructive surgery.

[121] A number of Italian cities are recognised as gay-friendly destinations, including Naples, Catania, Turin, Rome, Palermo, Milan, Noto, Bologna, Taormina and Gallipoli.

According to data from the 2010 Italy Eurispes report released 29 January, the percentage of Italians who have a positive attitude towards homosexuality and are in favor of legal recognition of gay and lesbian couples is growing.

[134] A survey conducted on Ipsos's Global Advisor online platform among more than 19,000 individuals in 27 countries between 23 April and 7 May 2021, found that 63% Italians aged between 18 and 74 believed that same-sex couples should be allowed to marry legally.