Ever since the first public demonstration of the Italian queer movement in Sanremo in 1972, the Italian queer movement has evolved into a variety of forms over the years with the rise of new technologies and evolutions of language. Major stepping stones of success for the movement include the right to change the state record of one’s gender enacted in 1982 and the right for lesbian and gay couples to enter into civil unions enacted in 2016, but at the same time, the queer community still faces various forms of discrimination in the country. These injustices most notably include queer individuals’ inability to marry and the inability to adopt. In the face of the rise of the Fratelli d’Italia, the conservative party of the current prime minister, the community faces even more threats, as the prime minister seeks stricter prosecution of individuals who create families through what she deems “inhuman” means (such as surrogacy, adoption, etc), or in other words, the only means through which queer individuals can safely create a family. In an examination of how queer individuals are portrayed in the eyes of Italian law, this paper compares the perceptions of queer identity as a possession versus as a series of actions, and how each of these perceptions holds consequences for the Italian queer movement. This research will incorporate the writings of Thomas Hobbes, Karl Marx, Lorenzo Bernini, Mario Mieli, and others to place Italian legal documents, analyses of these documents, and personal essays into the context of political philosophies and queer theories. In doing so, this paper will dissect how certain philosophies and theories reveal the ways in which the portrayals of queer identity as a possession or series of actions offer more or less freedoms and humanity to queer individuals in a capitalist Italy, thus furthering or hindering the path to progress.