The Constitutional Council declared that the ban of the gay marriage was in conformity with the constitution.
All had started with a lesbian couple who wished to regularize their situation for their 4 children. They asked the Cassation Court if the ban was in conformity or not with the Constitution, the Court returned the question to the Constitutional Council.
Unfortunately it considered that it was conformed. The members of the Council estimated that the “right to carry out a normal family life” does not imply that same-sex couples can get married, adding that they are free to live together or to pacs (to signed a domestic partnership).
As for the principle of equality, the Council returned the question to the gouvernment, as it had done in October for the gay parenting. However, we know that the gouvernment will not change the law.
“By maintaining the principle according to which the marriage is the union of a man and a woman, the legislator has, in the exercise of his competence, estimated that the difference of situation between same-sex couples and straight couples could justify a different treatment as for the rules of the family law”, the Council underlined and then added that “it does not belong to the Constitutional Council to substitute its appreciation of the legislator on this difference of situation”.
“The Constitutional Council has just missed an historical occasion to put an end to a discrimination which become intolerable for more than 3 million gay people and lesbians in France, when nine European countries already opened the marriage for same-sex couples”, said Caroline mécary, the lawyer who represents associations S.O.S Homophobia and Association of the parents and future gay and lesbian parents (APGL).
2012, the year of the presidential election, will be the next step in the fight to have marriage equality in France when a study shows that 58% of French are in favor of it.