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France retains its homophobic bilateral agreements

(Blogmensgo, August 31, 2013) The French government will renegotiate the bilateral agreements signed with 11 countries that prohibit their nationals to marry a French or French of the same sex, said the Minister of Foreign Affairs, August 13, 2013, in an official communication.

Fabius, Ayrault and Holland say no, but leave the door ajar. © Office of the President.
Fabius, Ayrault and Holland say no, but leave the door ajar. © Office of the President.

Laurent Fabius, Minister of Foreign Affairs, in response to a written question from the socialist started Erwann Binet , who was also the rapporteur of the bill on the opening of marriage to same-sex couples(Act of May 17, 2013). In June, the member had written to the government asking if he would renegotiate the bilateral agreements to allow a real opening up of marriage to all same-sex couples.

The minister said in substance that the marriage could be contracted in France if at least one spouse was it authorized by the law of his country of origin or country of residence.Unless a bilateral agreement objects.

A citizen of a state where gay marriage is not therefore in principle could marry in France with a French national. But the fact that a bilateral agreement "a higher authority with the law" French "specific provisions" relating to marriage between persons of the same sex "can not a priori" is necessary, said Minister in his response.

Eleven foreign states signed a bilateral agreement with France while banning gay marriage are, in alphabetical order: Algeria, Bosnia-Herzegovina, Cambodia, Kosovo, Laos, Montenegro, Morocco, Poland, Servia, Slovenia, Tunisia. In other words, Poland and most of the Maghreb, the former Indochina and the former Yugoslavia together. It is recalled that the Department of Justice in its circular dated 29 May 2013 ( PDF ) in accordance with Articles 202-1 and 202-2of the French Civil Code.

Binational couples deprived of marriage can also enter the "court of competent jurisdiction" where "the prosecutor competent" deems lawful homophobic provisions of foreign countries.

"It's between the lines, but the government opens the door," how Erwann Binet, who is a lawyer by training. According to him, it will probably take the prosecutors of a reverse sweep of ermine the application of the contested bilateral agreements. Then wait for a favorable jurisprudence confirms non-reciprocity requirement, although it will probably go up before the Supreme Court.

The government does not want to renegotiate the bilateral agreements complained, fearing that are then abolished some very favorable provisions to French nationals.

This article has been translated from our French blog, to view the original, click here.

Philca & Matt / MensGo (via L'Express , 27 August 2013)


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