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Constitutional Council ‘no conscience clause’ for homophobic mayors
(Blogmensgo, gay blog October 19, 2013) The French Constitutional Council ruled "consistent with the Constitution," 18 October 2013, "the provisions of the Act of 17 May 2013" opening marriage to same-sex couples. In doing so, the guardian of the Constitution denies the validity of a "conscience clause" as a reason for non-celebration of marriage by an officer of civil status.
September mayors had been transmitted by the State Council as a priority issue of constitutionality (QPC). Elected especially challenging the constitutionality of sections 34-1, 74 and 165 of the Civil Code and Article L. 2122-18 the general code of local authorities, on the grounds that none of these texts allows the benefit of a "conscience clause" to the officers of civil status, mayors and their deputies who want to "s" refrain from a marriage between persons of the same sex. "
The Constitutional Council made it clear to applicants that "the performance of the duties entrusted to them by law for the marriage" is "to ensure the application of the law and its agents [to] and ensure the proper functioning and the neutrality of the public service of civil status. " The Act of 17 May was therefore no "infringed their freedom of conscience," said the French Supreme Court.
As a result, the Constitutional Council rejected the priority issue of constitutionality. It remains the ultimate protest a court: the European Court of Justice - they announced the next referral before the Constitutional Council has delivered its decision.
Comment. Nevermind that legally rejecting the QPC was a foregone conclusion. Although it is mainly the circular dated 13 June (stating sanctions against registrars who refuse to solemnize a marriage because of the sexual orientation of the couple to marry) that elected intended to challenge.
I suggest anyone who loves literature to read this post that the French writer and translator Claro devoted to this case just before the Constitutional Council makes its decision (obviously, if you are able to read French).
The ticket Claro entitled "Homophobia and freedom of conscience." "There had this thing called questionable offense dirty mouth . It now has the right to freedom of conscience delirium , "says Claro, after reviewing all the adjectives apply to the attitude of French politicians who refuse to perform same-sex marriages.
Could complete the text of Claro by these arguments ab absurdo beloved by both lawyers. Suppose a French mayor invokes a conscience clause to refuse to marry a white man and a black woman or a white woman and a black man. How do you qualify as an elected official? We describe as racist , and there accolerait the adverb obviously . Suppose a French mayor invokes a conscience clause to refuse to marry a man and a man or a woman and a woman. How do you qualify as an elected official? I would call the ' homophobic, and I would add the word obviously .
This article has been translated from our French blog, to view the original, click here.