Referendum on the Abrogation of the Divorce Law 12 May 1974 | ||||||||||||||||||||||
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Do you want the Law of 1 December 1970, No. 898, on the regulation of cases of dissolution of marriage, to be abrogated? | ||||||||||||||||||||||
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A referendum on the divorce law was held in Italy on 12 May 1974. [1] Voters were asked whether they wanted to repeal a government law passed three years earlier allowing divorce for the first time in modern Italian history. Those voting "yes" wanted to outlaw divorce as had been the case before the law came into effect, and those voting "no" wanted to retain the law and their newly gained right to divorce. The referendum was defeated by margin of 59.26% to 40.74% on a voter turnout of 87.72% out of 37 million eligible voters, thus allowing the divorce laws to remain in force.
Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony, child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person; where polygyny is legal but polyandry is not, divorce allows the woman to marry another person.
Italy, officially the Italian Republic, is a country in Southern Europe. Located in the middle of the Mediterranean Sea, Italy shares open land borders with France, Switzerland, Austria, Slovenia and the enclaved microstates San Marino and Vatican City. Italy covers an area of 301,340 km2 (116,350 sq mi) and has a largely temperate seasonal and Mediterranean climate. With around 61 million inhabitants, it is the fourth-most populous EU member state and the most populous country in Southern Europe.
Voter turnout is the percentage of eligible voters who cast a ballot in an election. Eligibility varies by country, and the voting-eligible population should not be confused with the total adult population. Age and citizenship status are often among the criteria used to determine eligibility, but some countries further restrict eligibility based on sex, race, or religion.
This vote was the first of its kind in the country, being the first regular legislative referendum held by the Italian Republic 27 years after the Italian constitution, which allowed such referendums, was approved. It was considered a major victory for the civil rights and anti-clericalism movements, and for the Italian Radical Party.
Anti-clericalism is opposition to religious authority, typically in social or political matters. Historical anti-clericalism has mainly been opposed to the influence of Roman Catholicism. Anti-clericalism is related to secularism, which seeks to remove the church from all aspects of public and political life, and its involvement in the everyday life of the citizen.
The Radical Party was a political party in Italy. For decades it was a bastion of liberalism and radicalism in Italy and proposed itself as the strongest opposition to the Italian political establishment, seen as corrupt and conservative. Although it never reached high shares of vote and never participated in government, the party had close relations with the other parties of the Italian left—from the Republicans and the Socialists to the Communists and Proletarian Democracy—and opened its ranks also to members of other parties, through dual membership.
Signatures and petitions for the referendum were collected by Christian groups led by Gabrio Lombardo with very strong support from the Catholic church.
Christianity is an Abrahamic religion based on the life and teachings of Jesus of Nazareth, as described in the New Testament. Its adherents, known as Christians, believe that Jesus Christ is the Son of God and savior of all people, whose coming as the Messiah was prophesied in the Old Testament.
The Christian Democrats and the neo-fascist Italian Social Movement intensely campaigned for a yes vote to abolish the law and make divorce illegal again. Their main themes were the safeguarding of the traditional nuclear family model and the Roman Catechism.
Christian Democracy was a Christian democratic political party in Italy.
Fascism is a form of radical, right-wing, authoritarian ultranationalism, characterized by dictatorial power, forcible suppression of opposition, and strong regimentation of society and of the economy, which came to prominence in early 20th-century Europe. The first fascist movements emerged in Italy during World War I before it spread to other European countries. Opposed to liberalism, Marxism, and anarchism, fascism is placed on the far-right within the traditional left–right spectrum.
The Italian Social Movement, renamed in 1972 Italian Social Movement – National Right, was a neo-fascist and post-fascist political party in Italy.
Most left-wing political forces, the main ones being the Italian Socialist Party and the Italian Communist Party, supported the no faction.
The Italian Socialist Party was a socialist and later social-democratic political party in Italy. Founded in Genoa in 1892, the PSI dominated the Italian left until after World War II, when it was eclipsed in status by the Italian Communist Party. The Socialists came to special prominence in the 1980s, when their leader Bettino Craxi, who had severed the residual ties with the Soviet Union and re-branded the party as liberal-socialist, served as Prime Minister (1983–1987). The PSI was disbanded in 1994 as a result of the Tangentopoli scandals. Prior to World War I, future dictator Benito Mussolini was a member of the PSI.
The Italian Communist Party was a communist political party in Italy.
Intense campaigning for a no vote also came from Marco Pannella of the Italian Radical Party which had been petitioning for a right to divorce in Italy since the early 1960s.
Marco Pannella was an Italian politician, journalist and activist. He was well known in his country for his nonviolence and civil rights' campaigns, like the right to divorce, the right to abortion, the legalization of cannabis and the definitive abolition of nuclear power. Internationally, he supported human rights and self-determination causes, like the Tibetan independence and persecution of Christians in Vietnam.
The voting method caused significant confusion with many people not understanding that they had to vote no to be able to divorce or vote "YES" to outlaw divorce. Some campaigners from the no camp stated without this confusion the no vote might have even been higher than the 59% obtained. (See double negative.)
The Eurovision Song Contest 1974 held in April of that year was not transmitted on the Italian state television channel RAI because of Italy's entry, a song by Gigliola Cinquetti. Despite the contest taking place more than a month before the planned vote, and despite Cinquetti eventually winning second place, Italian censors refused the contest and song to be shown or heard. RAI censors felt the song, titled "Sì" (Italian for "yes") and containing lyrics constantly repeating the word "Sì", could be accused of being a subliminal message and a form of propaganda to influence the Italian voting public to vote yes in the referendum. The song remained censored on most Italian state television and radio stations for over a month.
Choice | Votes | % |
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13,157,558 | 40.74 | |
19,138,300 | 59.26 | |
Invalid/blank votes | 727,321 | – |
Total | 33,023,179 | 100 |
Registered voters/turnout | 37,646,322 | 87.72 |
Source: Ministry of the Interior |
The Eurovision Song Contest 1974 was the 19th edition of the annual Eurovision Song Contest.
Referendums in the United Kingdom are occasionally held at a national, regional or local level. National referendums can be permitted by an Act of Parliament and regulated through the Political Parties, Elections and Referendums Act 2000, but they are by tradition extremely rare due to the principle of parliamentary sovereignty meaning that they cannot be constitutionally binding on either the Government or Parliament, although they usually have a persuasive political effect.
Italy has participated in the Eurovision Song Contest 44 times since making its debut at the first contest in 1956. It was one of only seven countries that competed at the very first contest. Italy competed at the contest frequently until 1997. After a 14-year absence, the country returned to the contest in 2011. Italy has won the contest twice.
A referendum, in the Italian legal system is a request directed to the whole electorate to express their view on a determined question. It is the main instrument of direct democracy in Italy.
A consultative referendum on the Treaty establishing a Constitution for Europe was held in the Netherlands on 1 June 2005 to decide whether the government should ratify the proposed Constitution of the European Union. The result was a "No"-vote.
Gigliola Cinquetti is an Italian singer and TV presenter.
The Fifteenth Amendment of the Constitution Act 1995 is an amendment of the Constitution of Ireland which removed the constitutional prohibition on divorce, and allowed for the dissolution of a marriage provided specified conditions were satisfied. It was approved by referendum on 24 November 1995 and signed into law on 17 June 1996.
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