Wednesday, October 9, 2013
France’s discrimination against gay immigrants
by Ivano Abbadessa
Originally Published: October 9th, 2013
Originally Published: October 9th, 2013
Of the 10 EU countries that recognize gay marriage, only France does not allow it for citizens of Poland, Bosnia, Montenegro, Serbia, Kosovo, Slovenia, Morocco, Tunisia, Algeria, Cambodia and Laos. The reason for this blatant discrimination, in a country that champions equality, is to be found in a series of bilateral agreements. The governments of each country have ensured that their citizens have the same legal marital rights as in their homeland. In other words, same-sex couples cannot marry.
French politicians are now debating these treaties. The ministries of Foreign Affairs and Justice have circulated a written statement in reply to Erwann Binet, rapporteur for the Law Commission on gay marriage, in which they state that the government will not attempt to renegotiate these agreements.
What is the situation in the other nine European countries that, together with France, allow gay marriage? Do they also discriminate according to nationality?
The answer is no. In fact, Belgium, Denmark, Iceland, the Netherlands, Norway, Portugal, Spain, Sweden and the United Kingdom (England and Wales) do not recognise nationality as an impediment to marriage.
Of course, seeing as marriage is an important legal act, these countries do require that a series of conditions are proved, as is the case for heterosexual couples. For example, the residence of both or at least one of the partners must be in the country where the wedding will take place; both partners must have valid permits if they are immigrants; and they must provide evidence of their marital status from their respective countries of origin.
In some countries, such as Sweden, where neither party is a Scandinavian resident or citizen, the couple may marry only if gay marriage is allowed in the country where they have their permanent residence.
In short, France is the only EU country where there is such an obvious inequality and injustice in European legislation: an intolerable discrimination for homosexuals of the 11 nations. The inequality has driven France’s LGBT movement to put forward a petition, currently with more than 31,000 signatures, asking the government to review the bilateral agreements.
However, the French government is taking its time. It says it is aiming to get a better understanding of what actions to take, in the hope that, in the meanwhile, the high court judges will be able to take French law in the right direction.