French Senate Votes to Ban Marriages for Irregular Immigrants, Despite Constitutional Concerns
Paris, France – The French Senate has voted in favor of a bill that would ban marriages between French citizens and undocumented immigrants, in a move that has sparked controversy and raised concerns about its constitutionality.
The Proposed Law
The bill, proposed by Senator Stéphane Demilly, states that "marriage cannot be contracted by a person who is residing illegally on the national territory." The measure was approved by a vote of 227 to 110 and is intended to address concerns about "white" or "gray" marriages, which are arranged for the purpose of facilitating the acquisition of French nationality.
Government Support
The bill has been backed by Interior Minister Gérald Darmanin and Justice Minister Bruno Retailleau, who argue that it is necessary to combat fraudulent marriages. The ministers have cited the case of Stéphane Wilmotte, the mayor of Hautmont, who was taken to court by a former mosque official who was expelled to Algeria and whom Wilmotte refused to marry in June 2023.
Constitutional Concerns
However, critics of the bill argue that it violates the French Constitution, which guarantees the freedom of marriage. In a 2003 ruling, the Constitutional Council stated that "respect for the freedom of marriage (…) precludes the irregular nature of an alien’s stay from being an obstacle, in itself, to the marriage of the person concerned."
Opposition and Concerns
Environmentalist Senator Mélanie Vogel condemned the bill as "an outright attack on the Constitution, the Declaration of Human and Civic Rights, and therefore the rule of law." Socialist Senator Corinne Narassiguin denounced the measure as "reprising the program of the extreme right" and "fueling fantasies and amplifying a climate of anxiety, xenophobia, and racism."
The Association of Mayors of France supports the bill, but the Mayors of the National Association of Welcoming Cities and Territories have condemned it as "discriminatory."
Additional Measures
In addition to the ban on marriages for undocumented immigrants, the Senate also voted to require foreign nationals to provide proof of residence to mayors. This measure is intended to assist mayors in identifying suspected cases of "lack of consent," which they can then refer to the prosecutor for further investigation.
The senators also extended the period of "suspension of marriage," or the time that the prosecutor has to investigate a suspected lack of consent. The suspension would be deemed automatic if the prosecutor fails to respond within 15 days.
Senator Demilly’s Response
Senator Demilly, the author of the bill, acknowledges the constitutional concerns but insists that "it is not because the Constitutional Council casts a huge dark cloud over our heads that we do not have the right to try to pass through it."
Outlook
The bill will now move to the National Assembly for further consideration. It is unclear whether it will be able to pass constitutional muster or if it will be struck down by the Constitutional Council. Nevertheless, the vote by the Senate is a significant development that reflects the ongoing debate over immigration and the role of undocumented immigrants in French society.
