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By Diana Luna French PACS

By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

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Page 1: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

By Diana Luna

French PACS

Page 2: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

WHAT ARE PACS?The Civil Solidarity Pact law (PACS), is essentially “a contract concluded between two physical persons who have reached the age of majority, of different or the same gender, for the purposes of organizing their life in common.”

Page 3: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

PACS vs. Marriage • File joint tax returns• Share common property

rights • Enjoy same social

welfare and inheritance advantages

• Held accountable for each other’s debts

Page 4: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

PACS vs. Marriage • No possibility

guardianship, joint adoption, or access to medical assisted procreation

• Doesn’t accord partner automatic immigration rights

• Union registered in court, not in City Hall

• No dissolution process

Page 5: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

TIMELINE:

Contract D’union Sociale was introduced

1992

First partnership

law proposed

1990

Court ruled against

extension of benefits to

homosexuals 1989

Page 6: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

TIMELINE:

New PACS proposal passed

Oct. 1999

Draft rejected

Oct. 1998

First draft of PACS written

1998

Page 7: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

Conservative Opposition• Huge rallies

organized by conservative groups

• Demonstrations called for by several “pro-family” organizations

• In Feb. 1998, Paris rally drew 200,000 demonstrators

Page 8: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

The Church’s Response• Undermines the

sanctity of marriage

• Doesn’t produce children

• Undermines morality

Page 9: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

“One cannot ignore… that this legislation is just the first step, for example, towards the adoption of children by people in a homosexual relationship… We fear for the future and we regret what has just happened.”- Louis Marie Bille, head of the Council of French Bishops

Page 10: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

Foucaultian Lens• Language of

discourse

• Power/knowledge

• Negative relation

Page 11: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

THE BIBLE SAYS SO…

Page 12: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

The Policing of Marriage?

Page 13: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

Voulez-vous `pacser' avec moi?"

Page 14: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

Changing State of Affairs• Change from

marriage to cohabitation in last 30 years

• French marriage rate fallen more than 30% in past generation

• 40% of children born out of wedlock

Page 15: By Diana Luna. PACS vs. Marriage File joint tax returns Share common property rights Enjoy same social welfare and inheritance advantages Held accountable

• In 2007, 75% of civil unions signed between heterosexual couples

• 175,000 PACS were registered in 2009, of which 95% were heterosexual

• 2 civil unions for every 3 marriages

Some Numbers: