Gérald Darmanin, the Minister of Justice, supports a legislative proposal allowing mayors to deny marriage licenses to those with irregular immigration status, introduced by Senator Stéphane Demilly. This move follows the controversy surrounding Béziers’ mayor, Robert Ménard, who faces legal action for refusing to officiate a marriage involving an Algerian national. While Darmanin calls for reforms to provide mayors with discretion, concerns about the constitutionality of such changes persist, as marriage is recognized as a fundamental right.
Proposed Legislative Changes on Marriage Rights in France
Gérald Darmanin, the Minister of Justice, has expressed confidence in amending the law to enable mayors to refuse marriage licenses to individuals residing irregularly in France. This initiative, presented by centrist senator Stéphane Demilly, aims to prevent marriages when one of the partners is in an irregular immigration status. However, the proposed bill’s future remains uncertain as the Senate’s law commission did not approve it in their latest meeting.
The Controversy Surrounding Robert Ménard
Darmanin emphasized that “marriage is a right, not a privilege,” while referencing the ongoing legal issues faced by Robert Ménard, the mayor of Béziers. Ménard is scheduled to appear before the prosecutor for declining to officiate a marriage between a French citizen and an Algerian national in an irregular situation. The mayor, known for his right-wing views, could face significant penalties, including a prison sentence and hefty fines.
In a statement to AFP, Ménard expressed his resistance to what he perceives as an infringement of his principles, asserting his role as a civil servant responsible for marriage officiation while adhering to security protocols. He described the law as “unacceptable,” reflecting the complexities and contradictions faced by local officials in matters of immigration status and marriage rights.
Following this incident, Darmanin advocates for legal reforms that would empower mayors to exercise discretion in these situations, ensuring they are not mandated to officiate marriages when there are legal ambiguities. Despite backing from the government, there are concerns regarding the constitutionality of the proposed changes. The Constitutional Council has previously upheld that the freedom to marry is a fundamental right, thereby posing challenges to the acceptance of the new legislation.