Au nom de l’État. Conscientious objection to same–sex marriage in France

Abstract

In the last decades the debate on LGBT rights has gained a wide appeal in Europe. With law n. 2013-404, lesbian and gay couples can get married in front of the French State and adopt children under the same conditions as heterosexual couples. But what happens if people in charge of celebrating marriage au nome de l’État do not bear this sort of marriage on ethical grounds? Is it possible to recognize an hypothesis of conscientious objection for them? This article frames the issue starting from a reconstruction of the 2013 French judiciary affair

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