The Homosexuality is not anymore a painful problem and in our days people speak easily about their homosexuality.
The Homosexuality is severely condemned in sacred texts that approach questions link to procreation, the family model, filiations and for which, homosexuality is against nature. For instance, in the Old Testament called the “Leviticus” (18-22).
The admission by society of homosexuality as a sexual orientation relieves a legal and cultural evolution. After the first part of 1980's Profitable to the conditions of homosexuals (decriminalization of homosexuality…) the AIDS epidemic touched this population and point out the problem of the exciting legislations. The cases law was hesitant to take in account the reality of the homosexual couples.
France left its repressive regime towards homosexuality with the 4 august 1982's law.
In 1991, the legal battle for the recognition of homosexual couples started with the adoption of “the union civil contract” and peaked in 1999. Initially, the PACS emerged as a proposition to respond to the dramatic situation of homosexual who were evicted from their homes after the death of a partner, deprived of the fruits of the common enterprise, because of a lack from the legislations.
The equality of treatment of homosexual is first founded on the Article 1st of the Human Rights declaration which disposes that “« All Human Beings are equal before the law and are entitled without discrimination to equal protections of the law » .
A progressive movement in all the Europe to a rights equality between homosexual and heterosexual, permitted to struggle against discriminations, but some of them are still justify by the principle that situation from different facts allow applications differentiated from law. Thus, homosexuals are excluded from marriage, or right to found a family because of the interest of the child that is higher. However, homosexual people can by the principle of private life, struggle against some legal exclusions.
[...] International and comparative law. The legal recognition of same sex couples, the French perspective. ICLQ Oxford university Press April 2002. Bamforth. Child and family law Quarterly, The role of philosophical and constitutional arguments in the same sex marriage debate: a response to John Murphy. CFam (165) June 2005 Kelsey. R. Journal of The Law Society of Scotland, Social revolution, JLSS, March 2005, p Quail. [...]
[...] But same-sex marriage is an issue in the French presidential election 2007; the conservative UMP is opposed to that and he socialist party supporting it. Ségolène Royal (socialist candidate) has said if she is elected, she would legalise same-sex marriage About the cohabitation, the developments show us that cohabitation is now quite integrated in French society as a normal first stage in the establishment of a partnership. The growth of this cohabitation has been a soft revolution in developed countries, but it appears difficult for especially French culture to think about marriage and cohabitation together. [...]
[...] Also, the Civil Partnership is void if it the partners were not eligible to do so, or if they did not validly consent to its formation, if the Civil Partnership would be void in England and Wales under section 49, or Northern Ireland section 173. To conclude, in France and Scotland marriage is the form of union which accords couples the greatest set of rights and obligations, it is not an institution open to same-sex couples. The French revolution secularised marriage, viewing it as a purely civil contract, based on consent, leaving religious weddings to personal choice. [...]
[...] civ n°225 JO November 1999, p Article 515-1 Code Civil Articles & 242 Code Civil Articles 493 & 509-1 Code Civil Articles 311-20 & L2141-2 Heath public code Section 25-1 of the Family Law Scotland Act 2006 Section 18-4 of the family law Scotland Act 2006 Chap.33 Matrimonial home (family protection) (Scotland) act 1981 Chap S18 Administration of justice Act 1982 Chap S 13 Civil partnership act 2004 c 33 schedule 28, part4 Schedule 24, Part 3 See ss 9-10 of the 1985 Act Decision from the 9 November 1999, n°99-419 DC Article L. [...]
[...] Partners commit to mutual and material helps, are jointly responsible for household debts by signing a PACS at the district court, can determine the form of assistance. Also partners can beneficiate of a joint taxation, welfare benefits after three years and some social law dispositions (lease transfers). In its 1999's decision, the Conseil Constitutionel reminded that PACS had none consequences regarding to the filiations, so the same-sex partner or cohabitant does not have right on the companion's child, there is still an inequality between same-sex partners and opposite-sex partners, which is not the case for Scotland. [...]
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