The European Court of Human Rights has ruled this week that the French courts did not discriminate on the grounds of sexual orientation, when it declared a 'marriage' between a same-sex couple to be invalid.
It also ruled that if a state does not recognise same-sex 'marriage', this does not constitute "discrimination on the grounds of sexual orientation".
The judgment was handed down in the case of Chapin and Charpentier v. France, confirming an earlier ruling by the French Supreme Court.
Law did not discriminate
The Chapin and Charpentier v. France case involved a same sex couple, Mr Chapin and Mr Charpentier, who submitted a marriage application to the civil registry department of Bègles municipal council, in May 2004. At the time, same-sex 'marriage' was not permitted in France.
Despite an objection to the 'marriage' by a public prosecutor, the mayor of Bègles performed the ceremony. The lawcourts declared the ‘marriage’ to be invalid – a decision that was upheld by the French law courts. The plaintiffs then appealed to the ECHR, contending "that they had been discriminated against on the basis of their sexual orientation".
The ECHR has now confirmed the decision of the French Supreme Court, that the right to marriage in Article 12 of the Convention refers solely to the marriage between a man and a woman.
European Citizen's Initiative to protect marriage
At least 16 Member States of the Council of Europe have constitutional provisions that define marriage as a union of a man and a woman, and the number of countries with such constitutional provisions keeps increasing.
Despite this, there are concerns that pressure from radical LGBT activists will result in states redefining marriage to include same-sex couples.
For this reason, a European Citizen’s Initiative, Mums Dads and Kids, has been created in order to preserve the definition of marriage as between one man and one woman, across European member states. Christian Concern is pleased to be promoting the petition in the UK.
It requires 1 million signatures from across several member states in order for it to be considered - if you have not yet signed the petition, please do so online or print out a form and send it to us.
Related Links:
Reserving marriage to a man and a woman is not discriminatory, says the European Court of Human Rights (FAFCE)
Mum, Dad & Kids (Mum, Dad & Kids)