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Unpublished Paper
The French Law "Marriage for All" a lot of Noise, and Then?
ExpressO (2015)
  • Frank S. Giaoui, Columbia Law School
Abstract

Upon a recent decision of the Federal Supreme Court, the USA has become the 15th country in the World to act marriage as a civil right for same-sex couples. Just two years before, in a very different constitutional environment, France acted an equivalent law including adoptive filiation. France had to overcome a long debate at the parliament and passionate reactions among the various secular and religious constituencies of its society.

This article tends to address three main questions: How does the law actually change the family environment of same-sex couples? Why the most willing legislators advised by the most competent lawyers had to revise their initial project? Looking forward, what could be next? I attempt to answer those questions based on an analysis of the dispositions of the law itself and an understanding of the cultural and historical context of French society. I argue that the law passed is only a second step to a series of reform France will necessarily adopt in order to keep path with most advanced democracies and achieve full civil right equality for LGBT persons, couples and families.

Keywords
  • Same-sex marriage,
  • adoptive filiation,
  • civil rights,
  • couple,
  • family,
  • medically assisted procreation,
  • surrogacy,
  • social parent,
  • gender identity,
  • sexual orientation,
  • religion,
  • Judaism,
  • interfaith,
  • LGBT
Publication Date
November 3, 2015
Citation Information
Frank S. Giaoui. "The French Law "Marriage for All" a lot of Noise, and Then?" ExpressO (2015)
Available at: http://works.bepress.com/fgiaoui/2/