The research work examines the long judgment of the Italian Corte di cassazione n. 4184 of 2012 about the union among people of the same sex. The Author sustains the thesis of the contradictory of the sentence and the only apparent innovations introduced by the same. Beyond of what can seems, one thing is to sustain the possibility to contract «marriage» from people of the same sex (which is forbidden by the Italian legal system) and other is to believe that some rights of the homosexual couples need to be guaranteed. Which the legislator can do (but it could be done even before the judgement in exam), without any necessity to resort to the matrimonial institute.