2011-01-28: France, Constitutional Council decision on legality of marriage ban due todat at 10 GMT

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http://www.lemonde.fr/societe/article/2011/01/28/mariage-homosexuel-la-decision-du-conseil-constitutionnel-attendue-ce-vendredi_1471682_3224.html

The Constitutional Council is due to publish its decision on the case refered to them by the Cour de Cassation, as  mentioned here before: http://irishpinkadoptions.com/2010/11/16/2010-11-16-france-constitutional-court-to-decide-if-marriage-ban-is-illegal/

2 women who have lived together for 14 years, are raising 4 children, and have contracted a civil partnership (they are “PACSéare”), are seeking full constitutional and legal protection for their children.

The PACS is similar to the Irish Civil Partnership: it casts away the natural rights of children to be raised in a family protected by Society.

The Council has to decide if articles 75 and 144 of the “Civil Code”, which excludes same-gender people from civil marriage, are constitutional.

The decision is likely to be a conservative one, as thw Council’s president, a close friend of former president Chirac has already stated that thie rrole was not to make decision about how society should be organized, or replace the legislators.

On the 6th October, they had already refused to make a decision on discrimination on the ground of sexual orientation as regards simple adoption by same-gender couples, because it would have involved making an ethical decision.  

Who would have though that a Cnstitution was not about how society is organized, or on what laws go against the spirit of Liberté, Égalité, Fraternité…

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