Main | Friday, January 28, 2011

FRANCE: Constitutional Court Rules Ban On Same-Sex Marriage Is Legal

This morning France's highest court let stand a ban on same-sex marriage. The case had been brought by a lesbian couple raising four children.
In its decision, the Council noted that lawmakers had agreed that the "difference in situations of same-sex couples and couples made up of a man and a woman can justify a difference in treatment concerning family rights." "It is not up to the Constitutional Council to substitute its appreciation for that of lawmakers," the body said. It noted that its job is to simply rule on whether a measure abides by the rights and freedoms guaranteed by the French Constitution. In this case, it ruled that the articles in question are, indeed, "in conformity with the constitution." Cestino and Hasslauer have sought the right to wed. "It is not so much about getting married, but about having the right to get married," Cestino, a pediatrician, said in an interview this week. "So, that is what we are asking for: Just to be able, like anyone else, to choose to get married or not."
The court's ruling noted that France's parliament is free to make new laws on the issue.

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