French Mayors in gay Marriage opt-out Bid

{{France’s top court will rule Friday if the country’s mayors should be given the right to opt out of performing same-sex marriages.}}

Five months after France passed a controversial law legalising gay marriage, a group of mayors and registrars opposed to the legislation have brought their case before France’s Constitutional Council – the country’s highest legal authority.

They argue that the same-sex marriage bill, which came into force in May, should include a “freedom of conscience” clause, giving officiators the right not to carry out same-sex marriages if it conflicts with their personal religious or moral beliefs.

The lack of such a clause in the bill goes against the French constitution, they claim.

“The Constitutional Council has a big decision to make,” Geoffroy de Vries, the lawyer representing the group of mayors, told reporters. “It could open the door to an exception for those opposed to gay marriage.”

Didier Maus, a professor of constitutional law, said it was “difficult to know” how the Council would view the case but noted that mayors already have the option not to officiate at a marriage.

“If they are not available, they can delegate this task to their assistants or even a councilor,” he said.

The Council is due to announce its decision on the case at 10:00 local time (08:00GMT).

However, the mayors have already stated that they intend to take their case to the European Court of Human Rights if the French court rules against them.

france24

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