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Marriage between homosexual couples
French civil code
The Civil Code provided that marriage between persons of the same sex was prohibited in France. In 1999, France legalized the Civil Solidarity Pact (PACS), open to all homosexual and heterosexual couples. Unlike marriage, the PACS does not allow adoption, does not give a right of residence for the foreign spouse, nor a survivor’s pension to the surviving spouse. The question of the marriage of same-sex couples is gaining ground.
In 2010, 61% of the French population considered that two people of the same sex should be able to unite civilly at the town hall under the same conditions as two people of different sexes.
In January 2011, the Constitutional Council considered that Articles 75 and 144 of the Civil Code, which explained the exclusively heterosexual conception of marriage, were not unconstitutional. It is therefore up to the legislator to decide on the correctness of the opening, or not, of marriage to all couples. Two bills, which go in this direction, were tabled in the National Assembly in 2008 and 2010.
In video: How to recognize a marriage celebrated abroad?
2012 presidential election
In the 2012 presidential election, several candidates declared themselves in favor of same-sex marriage : Eva Joly, François Hollande, Philippe Poutou, Nathalie Arthaud and Jean-Luc Mélenchon. François Bayrou and Nicolas Sarkozy are for their part rather in favor of the establishment of a civil union opening the same rights as marriage without being qualified as “marriage”. Christine Boutin and Marine Le Pen are opposed to same-sex marriage.
The social debate takes place. On November 7, 2012, in accordance with François Hollande’s campaign promise, the Keeper of the Seals Christiane Taubira presented to the Council of Ministers the bill opening marriage to same-sex couples.
The bill opening marriage to same-sex couples was published on the website of the National Assembly in November 2012.
The 2 February 2013, the National Assembly adopted the first article of the bill known as “marriage for all”, with 249 votes in favor and 97 against, thus allowing marriage to same-sex couples. The law as a whole, also including the possibility for homosexual couples to adopt, was voted by the National Assembly on February 12, 2013 with 329 votes in favor, 229 votes against and 10 abstentions. The law is also adopted by the Senate in early April.