The new code, commonly known as the "Zanardelli Code" after the then Minister of Justice, contained no mention of "acts against nature" and consequently decriminalized same-sex relations throughout the country. The situation was not even changed 40 years later by fascism with the promulgation of the Rocco Code, which remains the code in force, on October 19, 1930.

The law on same sex civil partnerships was adopted nationwide on May 11 2016. The law recognizes same-sex couples as a family and they became equal to married couples in everything except in the adoption of children. However a court can still allow second parent adoption.

In Italy, there are no laws restricting to discussion or promotion of LGBTQ+ topics. The Campania Region, with Regional Law 37 (7 August 2020), is committed to promoting responsible use of communication tools, campaigns against violence and discrimination and the promotion of a representation that respects diversity and collaboration with other bodies to achieve the objectives set. Furthermore, with the same Regional Law, the Campania Region entrusts the Regional Committee for Communications (CO.RE.COM.) with the following tasks:

1. Monitoring of contents: Regularly checks the contents of television and radio programs, as well as advertising messages, to ensure that they are not discriminatory. In the event of irregularities, reports the violations to the competent authorities.
2. Guarantee of information spaces: Ensures that there are adequate spaces to address the issues related to this law in regional radio and television programs.
3. Proposals to raise public awareness: Makes suggestions to public and private broadcasters to promote greater awareness of these issues among the public.

In 2003, Italy adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.

Even though the national government does not recognize non-binary identities, in Campania there have been initiatives carried out to guarantee non-binary people some treatments aimed at improving their mental health. For example, in Salerno a clinic for non-binary identities has been operating for a few years.

With the Regional Law of 7 August 2020, n.37, in Campania there are rules in force against violence and discrimination determined by sexual orientation or gender identity.

As in the rest of Italy, Legislative Decree 9 July 2003, n. 216 (issued by the President of the Republic, and therefore effectively put into practice, on 28 August 2003) prohibits discrimination in the workplace on the basis of religion, personal beliefs, handicap, age and sexual orientation.

illegal since 2020

On June 22, 2016 the Supreme Court of Cassation stated that same sex couples in a civil union should be able to adopt their partner’s child for the child’s best interest. Same-sex couples can also apply for foster care since no law prohibits it.

Until 1986, "sexual deviance" was a reason for exclusion for military service. At that time, some men claimed to be homosexual to avoid the draft. Lesbians have never been banned from the Italian military since women were first allowed to serve in 2000. Since 2010, discrimination against gays and lesbians in military service is banned, but the situation for transgender people is unclear. The organization Polis Aperta estimates that 5 to 10% of Italians in uniformed service (military or police) are LGB. Despite the ban on discrimination, some service personnel unfortunately face harassment or violence because of their sexual orientation. Unfortunately transgenders have not yet gained the right to military service in Italy

Italy uses a risk-based donor selection system that treats MSM and heterosexual partners equally.