| LGBT rights in France | |
|---|---|
Location of Metropolitan France (dark green)
– in Europe (light green & dark grey) |
|
| Same-sex sexual activity legal? | Legal since 1791, age of consent equalized in 1982 |
| Gender identity/expression | Transsexual persons allowed to change legal sex |
| Recognition of relationships |
Pacte civil de solidarité ("PACS") since 1999 Same-sex marriage not recognized |
| Military service | Gays and lesbians allowed to serve openly |
| Discrimination protections | Sexual orientation protections (see below) |
France has traditionally been socially liberal with regard to lesbian, gay, bisexual, and transgender (LGBT) rights, and this is reflected in the country's legislation.
Before the French Revolution, sodomy was a serious crime. Jean Diot and Bruno Lenoir were the last homosexuals burned to death on 6 July 1750.[1] The first French Revolution decriminalized homosexuality when the Penal Code of 1791 made no mention of same-sex relations in private. This policy on private sexual conduct was kept in the Penal Code of 1810, and followed in nations and French colonies that adopted the Code. Still, homosexuality and cross-dressing were widely seen as being immoral, and LGBT people were still subjected to legal harassment under various laws concerning public morality and order. Some homosexuals from the regions of Alsace and Lorraine, which were annexed by Nazi Germany in 1940, were persecuted and interned in concentration camps.
In the penal code, an age of consent was introduced on 28 April 1832. It was fixed to 11 years for both sexes, raised to 13 years in 1863. On 6 August 1942, the Vichy government introduced a discriminative law in penal code: article 334 (moved to article 331 on 8 February 1945[2] by the Provisional Government of the French Republic) increased the age of consent to 21 for homosexual relations and 15 for heterosexual ones. The age of 21 was then lowered to 18 in 1974, which had become the age of legal majority.[3] This law remained valid until 4 August 1982, when it was repealed under president François Mitterrand to equalise the age of consent at 15 years of age,[4] despite the vocal opposition of Jean Foyer in the French National Assembly.[5]
A less known discriminative law was adopted in 1960, inserting into the penal code (article 330, 2nd alinea) a clause that doubled the penalty for indecent exposure for homosexual activity. This ordonnance[6] was intended to repress of pimping. The clause against homosexuality was adopted due to a wish of Parliament, as follows:
This ordonnance was adopted by the executive after it was authorized by Parliament to take legislative measures against national scourges such as alcoholism. Paul Mirguet, a Member of the National Assembly, felt that homosexuality was also a scourge, and thus proposed a sub-amendment, therefore known as the Mirguet amendment, tasking the government to enact measures against homosexuality, which was adopted.[7][8]
Article 330 alinea 2 was repealed in 1980 as part of an act redefining several sexual offenses.[9]
Transsexual persons are allowed to change their legal sex. In 2009, France became the first country in the world to remove transsexualism from its list of diseases.[10]
Civil Solidarity Pacts (PACS), a form of registered domestic partnership, were enacted in 1999 for both same-sex and unmarried opposite-sex couples by the government of Lionel Jospin. Couples who enter into a PACS contract are afforded most of the legal protections, rights, and responsibilities of marriage. The right to joint adoption and artificial insemination are also denied to PACS partners (and are largely restricted to heterosexual married couples), although there are proposals to extend the rights afforded by PACS and make them more similar to marriage. France's highest constitutional court ruled that stepchild adoption of biological children by same-sex couples is allowed. Unlike married couples, they were originally not allowed to file joint tax returns until after 3 years, though this was repealed in 2005, and joint tax returns can now be filed immediately.
Same-sex civil unions/domestic partnerships conducted under laws in foreign countries are only recognised for a few countries. Registered Civil Partnerships in the United Kingdom are not recognised - the only solution currently available for a couple in a Civil Partnership to gain PACS rights in France is to dissolve their Civil Partnership and then establish a PACS. Same-sex marriages from the Netherlands, by contrast, are already recognized. This does not however allow dual citizenship, which is reserved for opposite-sex couples. For example, a Frenchman who marries a Dutchman in the Netherlands, and therefore assumes Dutch nationality, automatically loses his French citizenship.
In 1985 national legislation was enacted to prohibit sexual orientation based discrimination in employment, housing and other public and private provisions of services and goods.[11] Gay and lesbian people can serve openly in the armed forces.
On 31 December 2004, the National Assembly approved an amendment to existing anti-discrimination legislation, making homophobic, sexist, racist, xenophobic etc. comments illegal. The maximum penalty of a €45,000 fine and/or 12 months imprisonment has been criticized by civil liberty groups such as Reporters Without Borders as a serious infringement on free speech. But the conservative government of President Jacques Chirac pointed to a rise in anti-gay violence as justification for the measure. Ironically, an MP in Chirac's own UMP party, Christian Vanneste, became the first person to be convicted under the law in January 2006 although this conviction was later cancelled by the Cour de cassation after a refused appeal.[12][13]
The law of 30 December 2004 created the Haute autorité de lutte contre les discriminations et pour l'égalité (High Authority against Discrimination and for Equality). Title 3 and Articles 20 and 21 of the law amended the law of 29 July 1881 on freedom of the press to make provisions for more specific offenses including injury, defamation, insult, incitement to hatred or violence, or discrimination against a person or group of persons because of their gender, sexual orientation or disability.
As in some other countries in the world, when a physical assault or murder is motivated by the sexual orientation of the victim, the law increases the penalties that are normally given.
LGBT rights organizations in France include Act Up Paris, SOS Homophobie, Arcadia, FHAR, GLH, CUARH, and L'Association Trans Aide, ( Trans Aid Association, established in September 2004).
In March 2008, Xavier Darcos, Minister of Education, announced a policy fighting against all forms of discrimination, including homophobia, in schools, one of the first in the world. It was one of 15 national priorities of education for the 2008-2009 school year.
The Fédération Indépendante et Démocratique Lycéenne (FIDL) (Independent and Democratic Federation of High School Students) - the first high school student union in France - has also launched campaigns against homophobia in schools and among young people.
The current mayor of Paris, Bertrand Delanoë, publicly revealed his homosexuality in 1998, before his first election in 2001.
In December 2006, an Ipsos-MORI Eurobarometer survey conducted showed: 62% support same-sex marriage, while 37% were opposed. 55% believed gay and lesbian couples should not have parenting rights, while 44% believe same-sex couples should be able to adopt.[14].
In June 2011, an Ifop poll found that 63% of respondents were in favour of same-sex marriage, while 58% supported adoption rights for same-sex couples.[15]
| Same-sex sexual activity legal | (since 1791) |
| Equal age of consent | (since 4 August 1982) |
| Anti-discrimination laws in employment | (since 1985) |
| Anti-discrimination laws in the provision of goods and services | (since 1985) |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (since 2004) |
| Same-sex marriage | |
| Recognition of same-sex couples as de facto couples | (since 15 November 1999) |
| Recognition of same-sex couples as civil partnerships | (since 15 November 1999) |
| Both joint and step adoption by same-sex couples | |
| Gays allowed to serve openly in the military | |
| Right to change legal gender | |
| Transexuality declassified as an illness | Since 2009. |
| Equal access to IVF and surrogacy for all couples and individuals | |
| MSMs allowed to donate blood |
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