Marriage For All, Nipped in the Bud?

About two weeks have passed since the definitive adoption of the Bill on same-sex marriage by the French parliament. The first battle has been successful, though war is not over.

 

On May 2^nd, MPs and senators from rightwing parties (UMP and UDI) have appealed to the Constitutional Council asking for withdrawal of the Bill. The high authority is currently considering the arguments and will soon decide rather or not same-sex marriage shall remain legal. 

 

Supposedly, « The Nine Wise » have until May 23^rd to give their ruling. However, it is expected that the decision will come up earlier, in order to cope with the agenda surrounding the International Day Against Homophobia.

 

Although the whole examination process is to be kept secret until final decision, a French journal has published the appeal documents and the government response[1]. Through their appeals, critics mostly oppose irrelevant arguments (not to say homophobic), from both social and legal prospects. In particular, it is argued that heterosexual marriage is a principal of « natural law » anchored in the French Republic’s history and constituting one of its essential basis. As a proof, references are made to all marriage bills enforced in France since the 18^th century, all mentioning marriage as a union between a man and a woman[2].

 

To strengthen their arguments depicting heterosexual marriage as the sole and only possible model, senators refer to the common interpretation of marriage shared by « all religious communities »[3] in France, considering the said union as a privilege for heterosexual couples. Since when french legislation is drafted regarding religious concerns? One may wonder.

 

More worrying, the « difference between sexes » is presented as « the fondation of society »[4]. Difference between sexes ? What an interesting notion... Yes indeed, « difference between sexes » as long been depicted as being the foundation of society and many know how discriminative it has made it... those senators seem not to!

 

As a result, notwithstanding the lack of credibility of such arguments, opponents of the Bill have advocated the ancient pattern of marriage as a constitutional principle. Luckily, chances that the Constitutional Council will give way to such an interpretation are very little. Let’s face the facts, law is usually not drafted in accordance with history, and it is surely not drafted in accordance with religious communities’ views. Luckily, law is rather meant to follow society’s evolution. If it had been the other way round, abortion would still be forbidden and death penalty allowed!

 

As far as marriage is concerned, in January 2011, the Constitutional Council had already declared that it was not his function to judge rather same-sex union should be legal or not, letting legislative organs decide upon the issue[5]. A decision that they have made on may 23^rd.

 

Having said that, if the Constitutional Council’s decision is so predictable, why would rightwing MPs and senators make such an appeal?

 

Well, it must be considered that same-sex Bill also allows for adoption and affiliation to same-sex couples which is the most controversial issue for the opposition. Indeed, this aspect of the law comes across traditional family model, built around a mother and a father. Thus, rightwing opponents present the argument that allowing same-sex parenthood goes against the best « interest of the child » and brings inequality between adopted children. The ones being raised by heterosexual parents are depicted as favored, because fitting the biological parenthood pattern[6]. Specious arguments obviously ignoring current social practices that have not waited patiently for legal permission to form mono-parental and homo-parental families, having made many joyful balanced kids.

 

Again, it is hard to believe that « The Nine Wise » will agree with such an argumentation and find any constitutional provision or principle contradicted by the Bill. Furthermore, in its decisions, the Council has often considered other countries system’s evolution and referred to the European Court of Human Rights' decisions[7].

 

From those prospects again, same-sex marriage and adoption in France have a bright future. So let’s be wise and believe in it:

 

Marriage is dead, long live marriage!

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