Wednesday, May 15, 2013
From Angelique Devaux, writing for the Jurist:
In a time when France has lost its fame for crusading for human rights, "marriage for all" has been the popular name given to same-sex marriage by the French Socialists' impetus in the pursuit of equality—France has waited 13 years after the Netherlands to address an issue in line with contemporary social reality. On April 23, 2013, President François Hollande signed the bill that legalizes same-sex marriage after the issue was previously reviewed by the Constitutional Council and approved by France's Parliament.
As in the story of Windsor v. United States, same-sex marriages performed in foreign jurisdictions often create difficulties in travel which include passport and short-term visa issues, as well as total refusal of entry into certain countries where same sex marriage is prohibited and even criminalized. In anticipation of potential traveling problems, French lawmakers have included language in the new bill which states that marriage performed in a foreign jurisdiction satisfy the legal requirements of marriage in France. It is the statutory confirmation of the rule locus regit actum. An example of this legal theory can be found when one acknowledges how a wedding performed in Canada between a Frenchman and a Canadian is valid in France if all the Canadian legal requirements have been fulfilled.
Read more here.