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In France, different-sex couples increasingly choose PACs | Hunter of Justice

In France, different-sex couples increasingly choose PACs

by on December 16, 2010  •  In Family law, Marriage

My biggest frustration with seeking to broaden the options for relationship recognition has been the failure of straight couples (read straight feminists) to get serious about a movement to secure more options for themselves, not just for their gay friends. There will never be any meaningful non-marriage option (rather than a shadow form that mimics marriage in all but name) until both marriage and other forms are open to all couples.

We are starting to see the signs of that trend: Nevada, DC, and soon Illinois will offer a civil union/partnership status open to both same-sex and different-sex couples on the same terms. But most states still classify based on sexual orientation: straight couples can only choose marriage, and gay couples can choose only Plan B, whatever it is called in that state. (And most states don't offer even a Plan B to gay couples.) DC is the only jurisdiction in the U.S. that offers both kinds of couples a choice of both options.

Equality will never happen until straight couples demand access to a genuine alternative to marriage, as is happening now in Britain's "equal love" campaign. In France, apparently that part of the move to equality has taken hold, according to today's NY Times. France's highest court will soon consider whether to require that marriage be available to gay couples. In the meantime, though, straight couples are doing it for themselves:

Whatever their reasons, and they vary widely, French couples are increasingly shunning traditional marriages and opting instead for civil unions, to the point that there are now two civil unions for every three marriages. When France created its system of civil unions in 1999, it was heralded as a revolution in gay rights, a relationship almost like marriage, but not quite. No one, though, anticipated how many couples would make use of the new law. Nor was it predicted that by 2009, the overwhelming majority of civil unions would be between straight couples.

It remains unclear whether the idea of a civil union, called a pacte civil de solidarité, or PACS, has responded to a shift in social attitudes or caused one. But it has proved remarkably well suited to France and its particularities about marriage, divorce, religion and taxes — and it can be dissolved with just a registered letter.

“We’re the generation of divorced parents,” explained Maud Hugot, 32, an aide at the Health Ministry who signed a PACS with her girlfriend, Nathalie Mondot, 33, this year. Expressing a view that researchers say is becoming commonplace among same-sex couples and heterosexuals alike, she added, “The notion of eternal marriage has grown obsolete.”

France recognizes only “citizens,” and the country’s legal principles hold that special rights should not be accorded to particular groups or ethnicities. So civil unions, which confer most of the tax benefits and legal protections of marriage, were made available to everyone. (Marriage, on the other hand, remains restricted to heterosexuals.) But the attractiveness of civil unions to heterosexual couples was evident from the start. In 2000, just one year after the passage of the law, more than 75 percent of civil unions were signed between heterosexual couples. That trend has only strengthened since then: of the 173,045 civil unions signed in 2009, 95 percent were between heterosexual couples…

As with traditional marriages, civil unions allow couples to file joint tax returns, exempt spouses from inheritance taxes, permit partners to share insurance policies, ease access to residency permits for foreigners and make partners responsible for each other’s debts. Concluding a civil union requires little more than a single appearance before a judicial official, and ending one is even easier.

It long ago became common here to speak of “getting PACSed” (se pacser, in French). More recently, wedding fairs have been renamed to include the PACS, department stores now offer PACS gift registries and travel agencies offer PACS honeymoon packages.

Even the Roman Catholic Church, which initially condemned the partnerships as a threat to the institution of marriage, has relented; the National Confederation of Catholic Family Associations now says civil unions do not pose “a real threat.”

While the partnerships have exploded in popularity, marriage numbers have continued a long decline in France, as across Europe. Just 250,000 French couples married in 2009, with fewer than four marriages per 1,000 residents; in 1970, almost 400,000 French couples wed.

Germany, too, has seen a similar plunge in marriage rates. In 2009, there were just over four marriages per 1,000 residents compared with more than seven per 1,000 in 1970. In the United States, the current rate is 6.8 per 1,000 residents, according to the Centers for Disease Control and Prevention.

France is not the only European nation to allow civil unions between straight couples, but in the few countries that do — Luxembourg, Andorra, the Netherlands — they are not as popular. In the Netherlands in 2009, for example, there was just one civil union for every eight marriages. If current trends continue in France, new civil unions could soon outnumber marriages, as they already do in Paris’s youthful 11th Arrondissement…

Though French marriages are officially concluded in civil ceremonies held in town halls, not in churches, marriage is still viewed here as a “heavy and invasive” institution with deep ties to Christianity, said Wilfried Rault, a sociologist at the National Institute for Demographic Studies.

“Marriage bears the traces of a religious imprint,” he said, often anathema in a country where secularism has long been treated as a sacred principle. “It’s really an ideological slant, saying, ‘No one is going to tell me what I have to do.’ ”…

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2 Responses to In France, different-sex couples increasingly choose PACs

  1. daftpunkydavid December 16, 2010 at 4:22 AM

    i’m not sure how to say this without coming off as too conservative: i am not crazy about broadening relationship recognition options, though i concede many are, and, i guess in my book, that’s fine.

    but i’m not sure about the link you draw between reaching true equality and having straight couples demand an alternative to marriage. why would that be the case? it seems to me that reaching true equality would be possible when couples, gay or straight, would be treated exactly the same by the laws and society.

    if straight couples try and get other relationship recognition options, i fail to see how that will lead to gay couples having all of the choices offered straight couples. straight couples, under this scenario, would have more options to have their relationship recognized than their gay counterparts.

  2. Nan Hunter December 16, 2010 at 12:59 PM

    I’ve edited the post to clarify – my argument is that equality will happen only when everyone has the same options, which is what I meant to convey originally. It’s really an issue of both equal treatment and support for the principle that no one should have to try to make their intimate lives have to fit into one quite narrow box in order to get some degree of protection for those relationships.

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