Incrementalism Revisited – The Contrasting Approaches of Italy, England and Wales and Northern Ireland Towards Legalization of Same-Sex Marriage

Abstract

ABSTRACT We contrast the approach taken by Italy and two constituent parts of the UK (England, Wales, and Northern Ireland) toward legalization of same-sex marriage. The incrementalist theory or “step-by-step approach” first advocated by Waaldijk in 2000 predicts that states will take prescribed steps en route to same-sex marriage. The core of incrementalism is that each step (decriminalization of same-sex sexual relations, equality of treatment for gays and lesbians, civil partnership, and finally same-sex marriage) is the logical premise for and in fact necessarily leads to the next step. Reflecting on 22 years of experience, we analyze whether this has been followed in practice in the jurisdictions under study. We demonstrate that although helpful in the early stages, incrementalism does not always reflect how legal changes have occurred and in Italy’s case gives no answers as to when or if same-sex marriage will be legalized.