Civil Solidarity or Fragmented Identities? The Politics of Sexuality and Citizenship in France

Abstract

This article examines the development of the Pacte Civil de Solidarité (PACS) in France, a legal construct which provides recognition in law to a range of relationship forms, including same-sex couples. The PACS is used as a means of interrogating the continuing importance of republicanism in contemporary French political discourse. The PACS provides a microcosm of wider issues concerning citizenship, marriage, communitarianism, multiculturalism and the meaning of French national identity in the context of globalization and transnationalism. Finally, the article considers the role of republicanism in shaping the constitution of a gay identity in contemporary France, and the impact of the PACS on that identity.

How to Describe It? Why the Term Coming Out Means Different Things in the United States and France

“…Indeed, French members of sexual minorities describe feeling pressure to soften their sexual differences (Stambolis‐Ruhstorfer ) and face a stronger division between the public and private spheres (Caron ; Gunther ; Martel ; Poulin‐Deltour ; Provencher ) than do their American counterparts (D'Emilio ; Seidman ). Likewise, French institutions—including the law—emphasize sexual sameness among citizens (Fabre and Fassin ; Stychin ). France's civil partnerships law, for instance, was intentionally drafted to include same‐sex and different‐sex couples to avoid a category specifically for homosexuals (McCaffrey ).…”

‘We are Family’: The Regulation of ‘Female-Only’ Reproduction

“…In 1989, it was the first country to recognize same-sex partnerships by offering couples the possibility of registration. 1 This perception of Denmark as somewhat 'advanced' in this area accords with the pattern of development of gay and lesbian rights on a global scale, where the most modernized countries are the least repressive towards sexual identities (for criticism of this view, see Stychin, 2001). Implicit in this narrative is the understanding of a common agenda and trajectory of development for all sexual minorities in the world, and within this narrative Denmark is perceived to be at the 'highly modernized' end of the scale.…”

“…Implicit in this narrative is the understanding of a common agenda and trajectory of development for all sexual minorities in the world, and within this narrative Denmark is perceived to be at the 'highly modernized' end of the scale. As Stychin (2001) argues, local variation becomes in this narrative 'secondary to the similarity in the stories of progressive legal and social change unfolding world-wide, benefiting lesbians and gay men ' (p. 347). This link between a state's acceptance of gays and lesbians, the country's level of modernization and the progressive attitude of its people is evident in the Danish national identity and self-perception to such a degree that arguing the case for equal rights, tolerance and progressiveness has become the favoured strategy of gay and lesbian rights advocates (Bech, 1992).…”

Sex Laws and Sexuality Rights in Comparative and Global Perspectives

“…When the right to freedom from discrimination meets the right to equality before the law, for example, a protoright to freedom from discrimination on the grounds of sexual orientation arises. When the right to security of person meets the right to asylum for persons who would be threatened if they returned home because of their membership in a special group, a protoright to asylum on the basis of sexual orientation is born (Fullerton 1993 new human rights standards encounter the old institution of marriage, for instance, their union suggests a right to same-sex marriage (Kollman 2007, Stychin 2001a, Waaldijk 2005. When new human rights standards encounter established family reunification policies, their union suggests a right to same-sex family reunification (Simmons 2008, Stychin 2000.…”