Is France Behind America on Gay
Marriage? (France TV, France)
“French law limits homosexual union
to something similar to civil unions, called ‘pacte
civil de solidarité,’ or PACS for short. No gay
marriages, even if celebrated abroad, are recognized on its territory. Some
French mayors have tried to defy the law, but these unions remain symbolic
since they are not entered into civil registries or are invalidated.”
Obama's civil rights gamble: With an issue as fast-moving as the acceptance of homosexuality, most political strategists are flummoxed about the consequences of his public approval of gay marriage.
"It's a great day for America,"
exulted gay rights activists in the United States. Barack Obama, the Democratic
president on campaign for reelection, said on Wednesday that he is
"personally" in favor of gay marriage. He is the first American head
of state to express this view. So where do we stand in France?
• A personal and electoral stance
Barack Obama is the first U.S. president to
declare himself in favor of same-sex marriage, having already abolished the
"Don’t ask don’t tell" rule in 2010, which prohibited U.S. soldiers
from coming out. Prior to him, in 1996, Democrat Bill Clinton had even signed
the Defense of
Marriage Act, a federal law defining marriage as a “union between a man and
a woman.”
Progress, however, remains purely symbolic, as
matrimonial law is specific to each state. And a few hours before Obama’s
televised “coming out,” North Carolina held a referendum in which 60 percent
voted against, becoming the 30th state to incorporate a ban on gay marriage
into its constitution.
At the head of the world’s leading democracy
for nearly four years, Obama has dragged his heels over expressing his opinion.
But he is now officially campaigning for reelection, and his vice president,
Joe Biden, inadvertently pushed him out of the closet, as reported by the Huffington
Post. Barack Obama had no choice but to seize the opportunity to
address his electorate. In fact, according to The
Washington Post, "of the major donors to the Obama campaign, one
in six is gay."
• The population is increasingly in favor
It is probably no coincidence that, two days before
the Democratic candidate made his declaration on ABC, the Huffington Post
published a Gallup poll showing that one in two Americans were in favor of
same-sex marriage (it was only 40 percent in 2008).
Posted by Worldmeets.US
This is all the more significant, since this is
part of a global movement to recognize gay rights. In the European Union, five
countries (the Netherlands, Belgium, Spain, Sweden and Portugal) have already
legalized gay marriage; and eleven others, including France, have established
alternatives similar to civil unions, called “pacte civil desolidarité,” or PACS for short.
The French also seem willing to go further. A poll in January showed that 63
percent agree with recognizing the right of gay couples to marry.
• Is France behind?
However,
French law limits homosexual union to PACS. No gay marriages, even if
celebrated abroad, are recognized on its territory. French mayors like Noël Mamère in 2004, have tried to defy the law, but these
unions remain symbolic since they are not entered into civil registries or are
invalidated. And in 2011, the Constitutional Council,
considering the case of a female couple, refused issue an opinion. The “sages”
felt that gay marriage was a matter for the legislature alone, causing uproar
among LGBT associations (lesbians, gay, bisexual and
transgender groups).
Yet despite
polls increasingly in favor of gay rights, Nicolas Sarkozy,
throughout his term, always opposed gay marriage. An opinion column by UMP
lawmakers in French newspaper L'Express and the
backing of "40 percent of right-wing voters," (according to the BVA [Polling] Institute), did nothing to change this. Contrary to
rumors that circulated in January, there was never any question of the head of
state [Sarkozy] adding gay marriage to his program
during the presidential campaign - unlike [President-elect] François Hollande.
• A priority
for the Hollande presidency
The new
Socialist president announced that marriage and adoption for homosexual couples
would be a "priority" for his term in office. Expectations for his
five years in office are high for the LGBT community,
as has been posted on Menly.fr.
Questioned by the site, AmantineRevol,
vice president of the association Children of the Rainbow [Les Enfantsd'Arc en Ciel], which works to create a legal status for LGBT families, says, "He is very committed to this
issue. I would be surprised if nothing [on gay marriage] were implemented.”
While still a
candidate, in an interview with gay magazine Têtu, FrancoisHollande had set "spring 2013” as the
deadline for adopting such laws. A "priority" that will be dealt with
relatively late, as "the first months of the parliamentary session will be
devoted mainly to financial planning," explained the candidate. He warned,
however, that getting the legislation passed would “not be
a simple matter," because of the reluctance of the parliamentary right. To
keep his word, the president-elect will have to obtain a large majority in the
National Assembly elections in June.
