French Senate Approves Bill to Ban Marriage for Undocumented Foreigners
The proposed law, supported by the centrist faction, faces significant legal hurdles and opposition from the left.
On February 20, 2025, the French Senate voted in favor of a bill to prohibit marriages involving foreigners residing in France without legal status.
The proposal, introduced by centrist senator Stéphane Demilly, was approved during the initial reading with a tally of 227 votes in favor and 110 against.
Support for the bill largely came from the right-leaning and centrist factions within the Senate, while leftist senators raised concerns regarding potential violations of fundamental liberties.
The text of the law states that 'marriage cannot be contracted by a person residing in an irregular manner on national territory'.
Senator Demilly expressed his shock over the current situation whereby mayors are required to read legal articles to individuals who are not authorized to remain in France.
This initiative aims to address the legal challenges faced by mayors, including a prominent case involving the mayor of Hautmont, Stéphane Wilmotte, who was summoned to court for refusing to marry an individual who was facing deportation.
The supporters of the bill argue it is necessary to combat 'sham' marriages meant to facilitate illegal immigration routes.
Two days prior to the Senate vote, Robert Ménard, the mayor of Béziers, was also summoned by the prosecutor for his refusal to celebrate a marriage between a French citizen and an undocumented Algerian individual, further igniting the political debate around this sensitive issue.
Legal experts and proponents of civil liberties have pointed to a 2003 ruling by the Constitutional Council that established foreigners’ freedom to marry, regardless of their residency status.
However, Minister of Justice Gérald Darmanin has suggested that the evolving nature of society justifies revisiting such legal precedents.
Critics of the measure, including members of the ecological and socialist parties, have condemned it as an assault on hallowed civil rights and accused it of pandering to xenophobic sentiments.
The opposition within the Senate argues that the measure aligns with far-right ideologies and contributes to an increasingly hostile environment for migrants.
Despite opposition, the Senate moved to incorporate additional provisions aimed at providing legal grounds for future marriages.
This includes requiring foreign nationals to present proof of residency to local officials.
Senators also extended the 'marriage suspension period' to allow further investigation by prosecutors as they assess the legitimacy of the marriage.
While the bill secured its passage in the Senate, it will need to be reviewed and approved by the National Assembly before becoming law.
The proposal, introduced by centrist senator Stéphane Demilly, was approved during the initial reading with a tally of 227 votes in favor and 110 against.
Support for the bill largely came from the right-leaning and centrist factions within the Senate, while leftist senators raised concerns regarding potential violations of fundamental liberties.
The text of the law states that 'marriage cannot be contracted by a person residing in an irregular manner on national territory'.
Senator Demilly expressed his shock over the current situation whereby mayors are required to read legal articles to individuals who are not authorized to remain in France.
This initiative aims to address the legal challenges faced by mayors, including a prominent case involving the mayor of Hautmont, Stéphane Wilmotte, who was summoned to court for refusing to marry an individual who was facing deportation.
The supporters of the bill argue it is necessary to combat 'sham' marriages meant to facilitate illegal immigration routes.
Two days prior to the Senate vote, Robert Ménard, the mayor of Béziers, was also summoned by the prosecutor for his refusal to celebrate a marriage between a French citizen and an undocumented Algerian individual, further igniting the political debate around this sensitive issue.
Legal experts and proponents of civil liberties have pointed to a 2003 ruling by the Constitutional Council that established foreigners’ freedom to marry, regardless of their residency status.
However, Minister of Justice Gérald Darmanin has suggested that the evolving nature of society justifies revisiting such legal precedents.
Critics of the measure, including members of the ecological and socialist parties, have condemned it as an assault on hallowed civil rights and accused it of pandering to xenophobic sentiments.
The opposition within the Senate argues that the measure aligns with far-right ideologies and contributes to an increasingly hostile environment for migrants.
Despite opposition, the Senate moved to incorporate additional provisions aimed at providing legal grounds for future marriages.
This includes requiring foreign nationals to present proof of residency to local officials.
Senators also extended the 'marriage suspension period' to allow further investigation by prosecutors as they assess the legitimacy of the marriage.
While the bill secured its passage in the Senate, it will need to be reviewed and approved by the National Assembly before becoming law.