May 102013
 
les arguments des parlementaires opposés décryptés

LOI-Le Figaro announced Friday the arguments of deputies and senators of the UMP and the UDI submitted to the Constitutional Council. The Elders must decide on the bill in favor of gay marriage around May 16. Metro has reviewed most of the anti-gay marriage arguments.

54 pages. Synonymous with the last chance for MPs and senators opposed to gay marriage. Le Figaro announced Friday the argument of the UMP and the UDI addressed to the Constitutional Council and the replica of the government. "The use of deputies and senators UMP and IDU, very technical, are respectively 31 pages and 23 pages. The response of the Executive is 19 pages ", writes the daily. Detail of final arguments of deputies and senators opposed to gay marriage.

An "illegitimate" text on the form

For the opposition, supported the marriage of same-sex text is primarily illegitimate. In that appeal supposed to influence the decision of the Wise, the UMP and the UDI accuse the government of having "no favorable reviews" competent family law organizations. In particular, they regret the lack of referral to the Economic, Social and Environmental Council or the National Consultative Ethics Committee . More anecdotally, these elected officials also complain that the French Academy did not give his opinion on the new terminologies that impose text.

The flashback Francois Hollande is also used against him. The argument criticizes the reluctance of the President on the "freedom of conscience". He had mentioned to let those mayors not to celebrate gay unions, and had retracted a few days later. Would mean for the UDI and the UMP as "the first French" admit that people do not recognize in this text. The refusal not to use the referendum is obviously advanced once again to try to influence the Constitutional Council.

No discrimination, but a different situation that requires a different treatment

Far from recognizing discrimination against homosexuals, the UMP and the UDI dispute the claim of legal status in the name of "equality." They "homosexual couples are objectively placed in a different position, which justifies a different treatment. " And denounce a text adopted in "haste and unprepared government, in violation of freedom of expression of opposition groups, and the principle of fairness of parliamentary debate."

On this same issue, the UMP and IDU warn against "major changes in our law," particularly with regard to the legal identification of the "mother" and "father", respectively, in a couple of men or women. "All this makes it unintelligible to a degree never attained text" write the applicants, highlighting the "perfect incoherence of these provisions." They give the example of more than 50 articles of the Civil Code are based on the above principle otherness of parents and state that the law will "deprive the adopted child, sometimes the right to maternal lineage, sometimes the right to paternity." But for the government, "parenthood is an institution that is not only a reflection of biological data."

The wise men arrested on the LDCs and the GPA

As for the adoption by homosexual couples, the applicants consider that it would introduce a "breach of equality before the law between adopted children who may be adopted by a father and a mother, and for which the law will hold a fiction, they are presumed born to two fathers or two mothers, will be deprived, in fact, education in a mother or father. " That refutes the government. According to Matignon, there is no legal principle "requiring social parents are the biological parents."

The opposition MPs who are not afraid to be off-topic, have also challenged the Wise Men on the LDCs (assisted reproduction) and GPA (Surrogacy). The executive, he believes that these issues are "unrelated" to the Taubira law since it is "reproductive modes are governed by rules unrelated to the adoption or the institution of marriage."

Supreme accolade for Hervé Mariton

Other grounds of challenge: the transmission of the family name. The new law provides that in the event of disagreement between the parents, the child bears the names of both parents joined together in alphabetical order and not only the name of the father. For UMP parliamentarians, the reform "and artificially alter the prevailing rules for devolution of names to try to find a solution to the establishment of artificial affiliations." An argument considered excessive by the government, which argues that it is "a limited rule without changing the existing system."

Accolade for Hervé Mariton who could insert one of its arguments in the appeal to the Constitutional Council. Article 16a of text allowing gay marriage provides that no employee "can not be sanctioned, dismissed or subjected to discriminatory action for refusing, because of his sexual orientation, geographic mutation in a state criminalizing homosexuality. " The member for the Drôme concluded at the time of the debates in the Chamber that "this means that it can be protected only by his coming out, it is mandatory coming out" and therefore "The absolute ball." The Sages will also decide this question.

According to a recent survey Metro , 88% of French people think that the mobilization of anti will have no effect on the government. The Constitutional Council therefore represents the last hope for opponents of gay marriage, ready for any arguments to back the executive.

David Perrotin

Marriage for All: the arguments opposing the law decrypted parliamentarians - Metro

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