Reply #5: In regard to the French system, that's not exactly true [View All]

[Paschall]

Because French legal tradition doesn't recognize minorities--we are all equal citizens of the Republic--the French civil union (called the PACS) is open to all non-related adult couples, gay or straight.

Straight couples in a French civil union do have the right to adopt. Gay couples were explicitly excluded during debate on the bill, and this was one of the objectives of the last Gay Pride demonstrations in France. Actually, because of a weird glitch in French adoption law, single gays can adopt. But, as I said, gay couples cannot.

And as far as "sponsoring" a foreign partner in France, the civil union--for gays and straights alike--is just one element that is "taken into consideration" by immigration authorities. No guarantees for anyone.

The major problem with the French system, though, is that it requires couples to declare their union immediately for the purpose of various "welfare benefits," but the couple is not allowed to file a joint tax return for three years. This injustice is also slated to be fixed. And may be by Chirac's conservative government. Prime Minister Jean-Pierre Raffarin has promised a hate crimes law to outlaw anti-gay speech during the next legislative session.

And all of this needs to be taken in the French context, where some 40 percent of all children are born out of wedlock to couples in what are called "union libres." These undeclared unions already provide public health insurance, and tenancy and other rights to the partners (though no inheritance or survivor benefits). Gays who are just "shacking up" in France are now also covered by the same rights (these legal dispositions were changed when the civil union law was passed in 1999). Which means that--without doing anything--gay couples in France already have many of the rights American couples struggling to adopt the civil union law are seeking.