French court to examine legality of marriage equality ban

By Andy Eddins
Nov 17, 2010 at 01:30 pm

Posted on timesofindia.indiatimes.com:

"France's highest court of appeal, the Court of Cassation, on Tuesday asked the Constitutional Council to rule on whether the freedom to marry should remain illegal.

"The request came after individuals in August asked a court in the northeastern city of Reims to look at the legality of articles of the civil code, France's law book, which ban marriages of same-sex couples.

"The unnamed individuals said the articles were unconstitutional because they 'limit the personal freedom of a French citizen to marry someone of the same sex.'

"The Court of Cassation said that marriage equality 'is today the subject of a broad debate within society, notably because of the evolution of morals and the recognition of marriages of same-sex couples by the laws of several foreign countries.'
 
... "Lawyer Caroline Mecary, who has dealt with several cases involving homosexual partnerships, welcomed the move.

"'This decision by the Court of Cassation is good news for the three million lesbians and gays who cannot get married,' she said.

"'Soon perhaps France will respect the principle of equality by opening marriage up to people of the same sex, as eight European countries have already done,' she said.

"In Europe, the freedom to marry is honored to different degrees in Belgium, Britain, Iceland, the Netherlands, Norway, Portugal, Spain, and Sweden."
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