Civil Solidarity Pact - History

History

The French National Assembly failed to pass PACS in October 1998. While it was pushed by the government of Prime Minister Lionel Jospin, it was also opposed, mostly by people on the right-wing who opposed gay rights, such as Christine Boutin and Philippe de Villiers, who argued that PACS and the recognition of homosexual unions would be disastrous for French society. Only one right-wing deputy, Roselyne Bachelot, declared herself in favour of PACS.

The law (Loi n°99-944 du 15 novembre 1999 relative au pacte civil de solidarité ) was voted by the French Parliament in November 1999 following some controversy. The debate is remembered for a few incidents, such as when Christine Boutin spoke for five hours in the French National Assembly, and at some point waved a Christian Bible in the direction of the speaker of the Assembly — a surprising gesture in a country where laïcité (implying no intervention of religion into political matters) is specified in the Constitution. Christine Boutin also said, "All civilizations that recognized and justified homosexuality as a normal lifestyle met decadence." Anti-PACS opponents also staged a series of street protests, but the turnout, by their own admission, was disappointingly low. At its creation, Jacques Chirac described PACS as "not adapted to the needs of families". However, most initial opponents now widely accept the PACS (even Jacques Chirac and Christine Boutin, who publicly changed their mind).

It was to be a marked improvement and alternative over the previous certificat de concubinage notoire, which had minimal rights (and responsibilities) and had been seen as having pejorative overtones. The situation of concubinage only made certain benefits extend to the other partner in a union, and did not settle any issue regarding property, taxes, etc.

Initially, PACS offered the right to file joint income taxes only after 3 years. As of 2005, all PACS couples are required to file joint taxes, in the same manner as married couples. Due to the way that the progressive tax is applied in France, a couple filing joint income taxes, in almost all cases, pays less tax than they would filing separately if one of the partners earns substantially more than the other.

Wealth tax (impôt sur la fortune) was consistently applied to the combined assets of both partners, since the introduction of the PACS in 1999.

In 2004, PACS was described in a report to the Garde des Sceaux (minister for justice) as "a new way of conjugality, answering many needs and inscribed in continuity".

In December 2004, the French Government began preparations for expanding the rights granted in PACS. French LGBT groups considered it a tactic for avoiding debate on same-sex marriage.

A parliamentary "Report on the Family and the Rights of Children" was released on January 25, 2006. Although the committee recommended increasing some rights given in PACS in areas such as property rights, laws of succession and taxation, it recommended maintaining prohibitions against marriage, adoption, and access to medically-assisted reproduction for same-sex couples. Because of this, left-wing members of the committee rejected the report.

The report also argued that the differences in rights between concubinage, PACS and marriage reflect different levels of commitment and obligations on the part of the couples who enter into them. The committee renewed its support for this tiered system and recommended that the various rights and obligations of each type of union be clearly explained to couples when they register for a PACS, marry, or have a child.