On November 16th, a lesbian couple, Corine and Sophie, asked if articles of the civil code which specify that this contract must link a man and a woman are not opposite with the Constitution? at the Court of Cassation.
This one had transmitted the file to the Constitutional Council because the homosexual marriage is “today the object of a debate in the society, because, in particular, of the evolution of manners and the recognition of the marriage between same sex people in the legislations of several foreign countries”.
“Today, it appears inconceivable that France, which represents the fatherland of the Human rights, did not open the civil wedding yet with all the couples of women or men, whereas it is already legal in nearly ten European countries”, estimates Caroline Mecary, lawyer representing the association S.O.S homophobia and the Association of the parents and future gays and lesbians parents (APGL).
Unfortunately, even if the society changes, those who directs it do not change inevitably. Last October, about gay parenting, the Wise ones, as the members of the Constitutional Council are named, said that a simple adoption was reserved for the married couples who means only for straight couples. They had indeed estimated that was “to take a stand in an ethical debate, scientific and, ultimately, policy on gay parenting”.
Back on this session of the Constitutional Council which tooks place yesterday in France. Here what occurred there. The final decision will be given only on January 28th.
Small precision, Jacques Chirac and Valery Giscard d'Estaings were not at this session whereas they are members of the Council.
It started with the lawyer of the two young women, Corine and Sophie, at the origin of this session (see article: Is Marriage Coming In France?) who said:
“Is our legislative system in phase with the Constitution of 1958? Two young women come to tell you that they want to engage together". "Does the Constitution says that it is possible?"
"I wait from you give the signal necessary so that the parliamentary could start to work.”
Then the lawyer representing S.O.S homophobia and the APGL, Caroline Mécary, quoted Gandhi: “It is with the way in which a majority treats its minorities that one judges the degree of civilization of a society”, and added that “if the country does not recognize gay marriage, it accredits the idea that they are inferiors”.
She considered besides that this prohibition violates the principle of equality registered in the Declaration of the human and citizen rights of 1789. “A similar situation implies a similar treatment”, she declared before to list the countries which opened the civil wedding to all the couples: Netherlands, Belgium, Spain, Portugal, Sweden, Denmark, Norway, Iceland and the United Kingdom.
Thierry-Xavier Girardot, director of the general secretary of the government, representing the Prime Minister, opposed the gay marriage. For him “the law considers the marriage only between one man and a woman” Moreover, the marriage is not a simple contract but a true institution structuring the society, and “for this reason, it concerns the legislator rather”.
"In the European countries which authorized the homosexual marriage", he added, "the political and nonconstitutional authorities amended the law". “The Constitution does not prohibit nor does not impose the marriage between of the same people sex”, he concluded, adding that with its direction, the rights and freedoms protected by the Constitution are not threatened.
The final decision will be known on January 28th.