Le Figaro: Your proposed bill consists of a single article. What does it say?
Stéphane Demilly: It is a simple, unambiguous, and concise article that will be debated on February 20. It aims to establish a legal framework for the marriage of undocumented individuals in our territory. It states that "marriage cannot be contracted by a person who is illegally present on national territory". With this text, I want to give mayors the authority to refuse a civil union when one person is undocumented, does not have a residence permit, or is subject to an order to leave French territory. This is not the case today.
Under current law, irregular residence is not a reason to oppose marriage. This leads to an absurd situation. During the marriage ceremony, the mayor asks someone who is in an illegal situation to answer yes to articles of law. In doing so, the mayor implicitly condones, to some extent…
Le Figaro: Condones what?
S.D.: The violation of the law by the undocumented person. Under the current wording of Article 146 of the Civil Code, the only grounds for opposition to a marriage are lack of consent, duress, or bigamy. Irregular residence is not included in this list. This means that if a mayor refuses to marry an undocumented person, he or she can be prosecuted for violating the Civil Code. This is unacceptable.
Le Figaro: What is the purpose of your bill?
S.D.: The purpose of my bill is to clarify the law and to give mayors the legal tools they need to fulfill their role as guardians of public order. It is a question of common sense and coherence. How can we ask mayors to enforce the law when they are themselves obliged to violate it?
Le Figaro: Are you sure that your bill is constitutional?
S.D.: I am certain that it is. The Constitution guarantees the right to marry, but it does not oblige the State to marry everyone, regardless of their legal status. Undocumented individuals are not deprived of the right to marry, but they must regularize their situation before they can exercise this right.
Le Figaro: What do you expect from the debate on February 20?
S.D.: I hope that it will be a serene and constructive debate, based on reason and the rule of law. I am confident that the majority of parliamentarians will support this common-sense bill. It is a matter of respect for the law, for our values, and for the authority of our mayors.
Le Figaro: Your bill has been criticized by some who believe that it is discriminatory.
S.D.: This criticism is unfounded. My bill does not discriminate against undocumented individuals. It simply establishes a legal framework for marriage that is consistent with our immigration laws. Undocumented individuals are not denied the right to marry, but they must regularize their situation before they can exercise this right. This is a fair and reasonable requirement.
Le Figaro: Your bill has also been criticized by some who believe that it will not be effective.
S.D.: I disagree. I believe that my bill will be effective in deterring undocumented individuals from entering into sham marriages. Under current law, there is no risk for an undocumented individual to marry a French citizen. With my bill, undocumented individuals will know that they can be denied marriage if they are caught. This will make them less likely to enter into sham marriages.
Le Figaro: What do you think of the arguments of your opponents?
S.D.: I respect the opinions of my opponents, but I believe that they are mistaken. They argue that my bill is discriminatory, but it is not. They argue that it will not be effective, but I believe that it will. I am confident that the majority of parliamentarians will support this common-sense bill. It is a matter of respect for the law, for our values, and for the authority of our mayors.
