French Gay Marriage Happenings - French President Calls For Calm

There were many celebrations in France during the evening of Tuesday 23rd April and that date will go down in history as the day that the large European country became the 14th nation in the world to legalize marriage laws for same-sex couples.

The French National Assembly in Paris passed the equal marriage bill on Tuesday afternoon with 331 MP’s voting in favour of the bill, 225 against and there were 10 abstentions. According to many, the country could see the first gay marriages taking place towards the end of June.

The new legislation also awards adoption rights for same-sex couples, is expected to be approved by the Constitutional Council and then rapidly signed into law by President Francois Hollande, who made it a manifesto pledge whilst he was trying to become president and is a keen supporter of equality.

“I hope people across the country will celebrate this moment,” marriage equality campaigner Martin Gaillard told the media.

Justice Minister Christiane Taubira told legislators on Tuesday evening the law was “very beautiful reform.”

The good news from Paris has been welcomed by many gay groups throughout Europe, Evelyne Paradis, executive director of ILGA-Europe, said: “We congratulate the French parliamentarians and the French nation for this historic step. The country whose motto is ‘Liberté, égalité, fraternité’ has finally fully applied it to all citizens when it comes to marriage.

“We also hope that this latest development in France will inspire other European countries to take concrete steps to eliminate discrimination and to ensure equal rights to same-sex partners and their families.”

“Equality cannot be partial, if a country is serious about equality for same-sex partners and their families, it means removing all legal obstacles and differences, it means equal access to marriage and adoption entitlement.”

I am delighted for my French brothers and sisters that will now have the opportunity to tie the knot in public, in front of their friends and family. It is a great step forward, not just for the gay population of France, but also for gay people all around the world. Slowly and surly marriage equality is coming to many countries and the more nations that legalize same-sex marriage the easier it will be to campaign in favour of equality. No longer can those that oppose marriage equality be able to say it will destabilise and cause the destruction of traditional marriage values, as just even a courtesy glance at the 14 nations that allow same-sex marriage, prove otherwise. Change is coming, marriage equality is coming, one nation at a time!

President Francois Hollande of France has publicly condemned the displays of homophobic violence that have occurred in the country over the recent days and weeks at an alarming rate.

“Homophobic acts, violent acts have been committed. The right to protest is recognised by our constitution and accepted by the French. But no protest must degenerate,” said President Hollande on Thursday 18th April, speaking after France’s Interior Ministry had confirmed that four people had been detained on suspicion of carrying out a vicious attack at a gay bar in Lille. The bar owner blamed the incident on the mounting “tensions” in the country over the same-sex marriage bill currently going through the French National Assembly.

There is growing concern over the levels and ferocity of an increased number of homophobic attacks and abuse in France over the last two weeks. Several anti-gay protests have turned violent in many cities across the country. A protest on Wednesday turned ugly when several thousand anti-gay protesters damaged cars, vandalised public property and attacked police officers and journalists.

Many gay activists and pro marriage equality supporters have reported threats of violence directed at them and according to gay groups monitoring the situation, reports of anti-gay and homophobic violence has gone up by a staggering and shocking 30% this year alone.

Manuel Valls, the Interior Minister is believed to have held meetings with representatives of security forces in order to “reinforce security measures surrounding protests following the excesses of the past days”. He has also verbally pledged to prevent further homophobic assaults.

French Prime Minister Jean-Marc Ayrault has also condemned the violence and has called for calm. “These protests have a right to take place, we are in a republic. But calls for violence, calls to hate, must be condemned,” he said earlier last week.

Legal Notes - Homophobia and human rights abuses

Malene Alleyne

NOT in this Cabinet. Not in this Charter. Not in this country. This seems to be the sentiment in Jamaica towards Lesbian, Gay, Bisexual and Transgender (LGBT) persons. Indeed, LGBTs continue to experience discrimination on the basis of their sexual orientation and gender identity; intolerance is tolerated and discrimination seems to receive mild justification.

Sentiment aside, however, there can be no justification in law for this treatment. Jamaica has a positive obligation under applicable international human rights instruments to respect and ensure the human rights of all persons, including LGBTs. These obligations include, among other things, adopting laws that protect against discrimination and prevent or change discriminatory practices. Below is an overview of how LGBT discrimination is treated under national laws and of how these laws compare to international standards. This overview should be of importance to all Jamaicans since it concerns the subject of human rights, which is everyone's business.

The Constitution, as revised by the Charter of Fundamental Rights and Freedoms ("Charter"), guarantees the right to freedom from discrimination on the grounds of "being male and female" as well as "race, place of origin, social class, colour, religion or political opinions". This language is problematic in that it does not explicitly prohibit discrimination based on sexual orientation or gender identity. This is a significant departure from relevant international human rights instruments, which contain wider and more inclusive language.

Under the International Covenant on Civil and Political Rights ("ICCPR"), for example, each State Party has an obligation to ensure to all individuals the rights recognised in the ICCPR, without distinction of any kind such as "sex". The ICCPR also requires that national laws prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as "sex".

This category of "sex" has been interpreted by relevant jurisprudence as including gender identity and sexual orientation. The inclusion of this category is therefore legally significant. In fact, when Jamaica was revising its Constitution, the Constitutional Commission recommended that the revised Bill of Rights explicitly refer to discrimination on the ground of sex. The United Nations Human Rights Committee also expressed a hope that this recommendation would be implemented. The subsequent exclusion of this category in the revised Constitution therefore seems to be less of an oversight and more of a deliberate statement — not in this Charter.

Another constitutional guarantee of relevance to this discussion is the right to equality before the law. Equality is also enshrined in applicable international human rights instruments and is a fundamental principle in international law. In Jamaica, however, there are laws which are arguably discriminatory in their treatment of same-sex couples. An example that has received widespread attention is the Offences Against the Persons Act which criminalises the "abominable act of buggery." This law also punishes men who commit any "act of gross indecency" with another male in public or private.

Another example is the Property Rights of Spouses Act which effectively denies same-sex couples the property rights afforded to heterosexual couples due to the limited definition of "Spouse". Spouse, under this act, is defined as including "a single woman who has cohabited with a single man as if she were in law his wife for a period of not less than five years" and vice versa.

Based on the above, it seems that some of Jamaica's laws not only fail to guarantee to LGBTs equal and effective protection against discrimination, but also actively perpetuate discriminatory practices. Even if these laws can stand under the scrutiny of the limited language of the Constitution, they are still in breach of Jamaica's obligations under applicable international human rights instruments such as the ICCPR. It is important to state in this regard that, under international law, Jamaica has a legal duty to honour its treaty obligations in good faith. It should also be noted that under the Vienna Convention on the Law of Treaties, a State cannot use domestic law, including the Constitution, as an excuse for failing to honour its treaty obligations. Lastly, I would argue that the principle of non-discrimination is a norm of jus cogens under international law from which no derogation is permitted.

In conclusion, it is recognised that the scope of LGBT rights is a very sensitive topic in Jamaican society and that religious, cultural and moral views have played a central role in the debate. In fact, the beauty of living in a free and democratic society is that each person is free to form his/her own views on this controversial topic. However, from a legal standpoint, these views cannot be allowed to translate into actions that violate the human rights of any person. While cultural sensitivity is important, Jamaica is nonetheless bound by international human rights obligations which must be honoured as a matter of law. Most importantly, despite our fears or feelings, it must be remembered that human rights are fundamental, indivisible, universal and inherent to all human beings. In this sense, the human rights of LGBTs should be defended, not only because international law requires it, but also because human dignity demands it — in this Cabinet; in this Charter; in this country.

Malene Alleyne is an Associate at Myers, Fletcher & Gordon and is a member of the firm's Commercial Department. 

Malene may be contacted via malene.alleyne@mfg.com.jm or www.myersfletcher.com. 

This article is for general information purposes only and does not constitute legal advice

France becomes the 14th country in the world to formalize gay marriage

Yes you must have heard the news by now as it's all over the place but what is wrong with adding my support by blogging about it too?

Mi happy fi dem doh

The French National Assembly has finally adopts the laws for marriage equality. The law was passed with 331 votes in favor and 225 against. "It's a historic moment" was the comment of the Minister of Justice, Christiane Taubira, who had said before the vote that first marriages may be celebrated as early as June.

The vote went down shortly after a protest in the gallery. The chairman of the ordered 'off these enemies of democracy outside parliament!'

France joins the New Zealand, Uruguay, Holland, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina and Denmark as the 14th country that offered to its citizens marriage equality throughout the nation. Brazil, Mexico, and, of course, the United States offer it in some parts of the country. 's response to the French Minister of Justice, Christiane Taubira, which has strongly defended the National Assembly the draft law on marriage and the ' adoption by homosexual couples, explaining that "guarantee legal certainty for all the children of France." His response to a Member of the right-wing anti gay marriage.

"Mr. Congressman, do not want us to believe that you live in an igloo and that you have no knowledge of the diversity of families in this country, which completely ignored the existence of families omogenitoriali, you do not know that there is the same love in couples heterosexual and homosexual in those who have the same love for their children and that their children are the children of France. 

Mr. Congressman, the government presented a bill of great progress, great generosity, fraternity and equality to ensure legal certainty for all the children of France.And I can say that I am particularly proud. "

The opponents of gay marriage are the movements CATHOLICS, THE RIGHT. CONTRARY to the equality of rights, CONTRARY TO AMOR, CONTRARY TO OTHER HUMAN BEING, LIKE ALL THEIR CITIZENS WHO HAVE THE RIGHT TO BE BORN SUPREME HETEROSEXUAL AND BELONGING TO RELIGION (as are many, the religion, do not list here). Reflection ... where is the love, brotherhood. 

Love your neighbor as yourself? 

I guess I had to first learn to love yourself. 

Perhaps this is why the world does that suck?. 

Vanessa Mazza