Christiane Taubira Speech on the Same-Sex Marriage Bill
Mr. Jacques Myard. She is green because she does not believe it!
Ms. Christiane Taubira, Keeper, Minister of Justice. Mr. Chairman, Mr. Chairman of the Law Committee, Chair of the Committee on Social Affairs, Mr. Rapporteur, Madam rapporteur, ladies and gentlemen, we have the honor and privilege, Dominique Bertinotti Minister Delegate in charge of the family, and myself, to present, on behalf of the Government, a bill reflecting the commitment of the President of the Republic to marriage and adoption to same-sex couples.
With regard to the status of persons, are mainly civil code provisions on marriage, adoption and naming of family that will be adapted.
Dominique Bertinotti and I have wanted to participate actively in the prerogatives of Parliament, the two sessions of the Committee on Laws, since as a result of amendments to the Rules of the National Assembly, it is the text from the work of the committee that we will discuss during these two weeks, including weekends.
We never underestimate the importance of this reform. This is why we welcomed with great respect all those who agreed to be interviewed. We know how important the work of the commission are useful. They have improved the text and the provisions that have been introduced will be presented by the Rapporteurs.
I would like to dwell for a moment on the evolution of marriage, so that we can better understand what we are doing. In a home that loves to cite as Dean Jean Carbonnier, I will not depart from the rule. In 1989, during the work of reflection on the bicentenary of the French Revolution, he defined civil marriage as "the hidden glory" of it. He was obviously referring to the heated debates that accompanied the establishment of the civil marriage contract its size, duration, that is to say the possibility of divorce. At that time, both religions recognize the divorce, the Protestant religion and the Jewish religion, while the Catholic religion, the majority says indissoluble marriage. Dean Carbonnier therefore considers that the grantor of 1791 has accomplished a revolution by introducing civil marriage. The secularization of this marriage is enshrined in the Constitution of 1791.
Civil Marriage bears the imprint of equality. It is a real conquest founding of the Republic, in a general secularization of society.
Such a conquest was an important one for those who were excluded at the time of marriage. After the revocation of the Edict of Tolerance, said Edict of Nantes in 1685, Protestants could not marry secretly doing that with their pastors. They could not build a family and their children were considered illegitimate. From 1787, the Edict of Tolerance allows new priests and judges to impose such marriages as officers of civil status. There is therefore a first opening, two years before the Revolution, with the recognition of religious pluralism and the possibility of including in the marriage who were excluded, namely Protestants and Jews. But the marriage still includes believers.
It also excludes professions, including actors, because religion says that it can not recognize the nefarious practices of theater actors. This is also the actor Talma will enter the Constituent Assembly because the parish priest of Saint-Sulpice refuses to publish the banns of marriage with "secular" as it was called at the time. (Laughter.)
Components therefore decided to establish a civil marriage and part of Article 7 of Part II of the Constitution of September 1791 that marriage is contractual and that the legislature establish for all people, without distinction, the mode by which births, marriages and deaths are recorded and appoint officers in charge to observe and record these actions. Civil marriage can include non-Catholic believers, but it is extended to all, that is to say that all those who wish to marry can have the same rights and must comply with the same obligations.
This conception of civil marriage, which bears the imprint of equality is essentially a freedom, because from the establishment of marriage, the divorce will be recognized. It is written in the preamble of the Act of 1792 that divorce is the result of individual freedom, which is indissoluble commitment loss. Since marriage is the freedom of the parties and not the sacredness of the divine will, the freedom to marry is conceived with the freedom to divorce, and because the wedding will come off of the sacrament which had preceded it may represent Republican values and gradually incorporate the changes in society.
The best manifestation of this freedom is expressed in Article 146 of the Civil Code, which has not changed since its origin, and that there is no marriage without consent. This article therefore establishes the full freedom of the one and the other spouse in marriage.
If we remember that marriage was originally a common heritage, inheritance, lineage, we went to the notary before going to the priest ...
Mr. Jacques Myard. Today!
Ms. Christiane Taubira Keeper. The recognition ... freedom of each spouse is considerable progress, still part of the Civil Code.
The divorce is going to accompany the marriage quickly. It will be banned in 1816, in an atmosphere where conservative currents are dominant and where freedoms, including those of women, are in decline. It will be restored in 1884 by law Naquet, again in contrast to a general secularization of society. The evolution of marriage doing quite strongly the brand of secularism, equality and freedom as these values have evolved in our law and in our society (Applause groups SRC, ecologist, and RRDP GDR), in a relationship which had diachronic sometimes very tensions.
Mr. Jacques Myard. It is not the subject!
Ms. Christiane Taubira Keeper. This is a movement of secularization of civil status, individual freedoms, society in general and the divorce will be restored in 1884. Indeed, it is during this decade that other laws of individual freedom, such as the press law, laws on freedom of association and to freedom of association, and soon the law of separation of church and the state will intervene. The divorce will be consolidated in 1975 by the restoration of mutual consent, which was already recognized in 1792, as did the incompatibility of temperament.
Marriage, with divorce, therefore, recognizes freedom, including not marry, and that is why the law recognizes families outside of marriage and will gradually recognize the children of these families. The wedding, which was able to detach the sacrament, will indeed come off also a social order based on a patriarchal society (Applause from several benches of the SRC Group), which makes the design of husband and father owner, possessor of wealth, of course, but also his wife and children.
The evolution of marriage and divorce, which will now allow couples to choose to organize their life, will be enshrined in law because, for two centuries, the institution of marriage is evolving towards equality, and c is what we are doing today: achieving progress towards equality of the institution ...
Several members of the UMP group. Nothing to see!
Ms. Christiane Taubira Keeper. Born ... with the secularization of society and marriage. (Applause from many benches groups SRC, ecologist, and RRDP GDR).
This change will affect women first, with the deletion of the reference to the head of the family, the recognition of the community of life, the law of 1970 and that of 1975, which will reintroduce mutual consent. Recognition of the rights of women will be gradually included in the law. In 1970, it was just last forty years, that is to say, still live women who needed their husband's permission to open a bank account, sign a contract, dispose of their wages and therefore be recognized as a subject of law. (Applause groups SRC, ecologist, and RRDP GDR).
Several members of the UMP group. Off topic!
Ms. Christiane Taubira Keeper. This evolution towards equality, which will modernize our institution of marriage recognizing women as a subject of law will recognize as progressively the rights of children. By the 1972 Act, the legislature ceased to differentiate between legitimate and illegitimate children. It will therefore be recast as filiation, to recognize equal rights for children, their filiation is legitimate or natural.
In 2000, it was a judgment of the European Court of Human Rights, the Mazurek case, which compelled France to put an end to discrimination imposed on illegitimate children, and only by an order of 2005, ratified by an Act of 2009, that the notions of legitimate children and illegitimate children disappeared from our Civil Code. The child also became a matter of law.
In presenting this bill today, which contains provisions opening marriage and adoption rights to homosexual couples constant, the Government chooses to allow same-sex couples to enter into this institution and compose a family as heterosexual couples, either by common law, known as the concubinage or by contract, PACS, either through marriage. (Applause groups SRC, ecologist, and RRDP GDR).
It is this institution that the Government has decided to open to same-sex couples.
Mr. Jacques Myard. He is wrong!
Ms. Christiane Taubira Keeper. It is an act of equality. ("No" on the banks of the UMP group.)
Marc Laffineur. And child?
Ms. Christiane Taubira Keeper. It is the marriage as it is currently established in our civil code. It is not a marriage at a discount, it is not a civil union ...
Jean-Luc Reitzer. What a pity!
Ms. Christiane Taubira Keeper. Fitted ... allegedly. This is not a trick, a swindle ("Yes!" On the banks of the UMP group.), It is the marriage as a contract between two people (Applause of SRC groups, environmentalist, and RRDP GDR), as an institution producing public policy rules.
Yes, it is marriage, with all its symbolic and all rules of public order, the Government open to same-sex couples in the same conditions and age of consent from both spouses with the same prohibitions, the same prohibitions on incest, to polygamy, with the same duties of support, loyalty (Exclamations from many benches of the UMP group), respect, established by the 2006 Act, with the same obligations to each spouse vis-à-vis one another, the same duties of children vis-à-vis their parents and parents vis-à-vis their children.
Yes, that's what marriage we open to same-sex couples. That is why we are two people who met, who have loved (Exclamations on the banks of the UMP group), ...
Lucien Degauchy. We will cry!
Philippe Meunier. Get out the violins!
Ms. Christiane Taubira Keeper. Who have grown old together ... should be willing to precariousness, fragility, even injustice, the mere fact that the law does not recognize the same rights as any other couple as permanent chose to build his life.
Yves Fromion. Must get rid of divorce, in this case!
Ms. Christiane Taubira Keeper. What will remove gay marriage to heterosexual couples? ("Nothing!" And applause from the group CBC benches, ecologist, and RRDP GDR. - Exclamations from many benches of the UMP group.) If not detract, we dare to put into words the feelings and behavior. We will dare to speak lies during the campaign of panic (Exclamations on the banks of the UMP group), the pseudo-delete words "father" and "mother" of the civil code and family book. (Applause groups SRC, ecologist, and RRDP GDR. - Exclamations on the banks of the UMP group.)
Philippe Meunier. Outrageous!
Ms. Christiane Taubira Keeper. We say that it is hypocrisy of those who refuse to see these parent families and children exposed to the vagaries of life. We say that it is selfishness for those who think that an institution of the Republic may be reserved for a category of citizens. (Loud applause on the benches groups SRC, ecologist, and RRDP GDR. - Protests from many benches of the UMP group.)
A member of the UMP group. This is what is called an amalgam!
Ms. Christiane Taubira Keeper. We say that the open marriage to same-sex couples illustrates the currency of the Republic. It illustrates the freedom to choose, freedom to decide to live together.
Yves Fromion. And freedom of children to have a father and a mother?
Ms. Christiane Taubira Keeper. We proclaim this text by the equality of all couples of all families.
Pierre Lequiller. And children?
Ms. Christiane Taubira Keeper. Finally, we also say that this act is in a process of brotherhood, because no difference can be used as a pretext for discrimination of State. (Applause groups SRC, ecologist, and RRDP GDR. - Exclamations on the banks of the UMP group.)
Mr. President. Please, dear colleagues! Listen to the arguments of Ms. Keeper. You will have the opportunity to express yourself in the future.
Ms. Christiane Taubira Keeper. On behalf of an alleged right to the child (Exclamations on the banks of the UMP group) ...
Yves Fromion. This is not an "alleged" right!
Ms. Christiane Taubira Keeper. That ... does not exist, you protest because marriage and adoption are open to same-sex couples in exactly the same manner as heterosexual couples. (Applause groups SRC, ecologist, and RRDP GDR.) In other words, either you are telling us that heterosexual couples have a right to a child ... André Schneider. They do!
Yves Fromion. It is the natural right!
Ms. Christiane Taubira Keeper. Registered ... in the Civil Code, or the right of the child does not exist - and indeed it does not exist - and gay couples have the right to adopt the same terms as heterosexual couples. (Applause groups SRC, ecologist, and RRDP GDR).
On behalf of an alleged right to the child (Exclamations on the banks of the UMP group), ...
André Schneider. Stop with your "alleged"!
Ms. Christiane Taubira Keeper. You refuse ... rights of children you choose not to see. (Applause from several benches SRC group.) The text that we present is not contrary to the Convention on the Rights of the Child.
Hervé Mariton. If!
Ms. Christiane Taubira Keeper. Instead, it protects children that you refuse to see. (Applause SRC groups, environmentalist, GDR and RRDP. - Exclamations from several benches of the UMP group.) Gay couples can adopt in the same manner as heterosexual couples, ...
Xavier Breton. The condition of being father and mother?
Ms. Christiane Taubira Keeper. Using the same procedures ...: Accreditation will be granted under the same conditions by the councils, the adoption order under the same conditions by the judge, in accordance with Article 353 of the Civil Code, ... Hervé Mariton. It is not shown too!
Ms. Christiane Taubira Keeper. Which ... provides that the adoption is granted if it is consistent with the rights of the child. Therefore, your objections have no foundation (Exclamations on the banks of the UMP group), if it is a real difficulty to include in your performances the legitimacy of same-sex couples. Your children and grandchildren already recognise these couples and families, and will do so more and more. (Applause groups SRC, ecologist, and RRDP GDR.) And you will be uncomfortable when, out of curiosity, they will read the minutes of our discussions! (Same movements. Exclamations-on the banks of the UMP group.)
We therefore decided to open marriage and adoption to same-sex couples. Marriage, as I have shown historical references and legal support, has been an institution since property was first used to marry wealth, inheritances and lines.
Yves Fromion. You rewrite history!
Ms. Christiane Taubira Keeper. It was an institution of possession since the husband and father had absolute authority over his wife and children. It was an institution of exclusion, we have seen that civil marriage ended excluding non-Catholic believers and certain professions, therefore a variety of people. This marriage was an institution of exclusion, will finally become, by the inclusion of same-sex couples, a universal institution. Finally, the marriage becomes a universal institution! You can continue to refuse to see refuse to look around, to refuse to tolerate the presence, including near you, including, perhaps, in your families, same-sex couples. (Exclamations on the banks of the UMP group.)
André Schneider. What is the debate for you?
Claude Bartolone. Please!
Ms. Christiane Taubira Keeper. You can keep the eyes stubbornly fixed on the past (Exclamations on the banks of the UMP group), ...
Philippe Meunier. It is you who are overwhelmed!
Ms. Christiane Taubira Keeper. And ... still looking good in the past, you will find a lasting impression of official recognition, including the Church, homosexual couples. (Applause from several benches Group SRC).
You have chosen to protest against the recognition of the rights of these couples, it is your business. We are proud of what we do. (Applause groups SRC, ecologist, and RRDP GDR).
Lucien Degauchy. Ah yes, there's plenty!
Ms. Christiane Taubira Keeper. We are so proud that I would define it by the words of the poet Léon-Gontran Damas: the act that we perform is "as beautiful as a rose that the Eiffel Tower, at last, can see blooming'. It is "as great as our need for fresh air."
Several members of the UMP group. Ridiculous! This is crying!
Ms. Christiane Taubira Keeper. It is "as strong as a piercing cry in a long, long night." (Members of the SRC groups, environmentalist, and RRDP GDR rose and applauded at length. - Exclamations on the banks of the UMP group.)
Laurence Dumont. A great minister for a great cause!