Droit et Cultures (Dec 2014)

La légalisation du couple de même sexe

  • Marie-Noël Capogna

Journal volume & issue
Vol. 68
pp. 187 – 212

Abstract

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French law has progressively recognized the couple of the same sex and has agreed to settle Common law marriage through civil solidarity pact and marriage. However, the law on PACS has never been enforced in Polynesia and the said law «on marriage for all» is applicable strictly in this country, whereas the Polynesian MP’s have all rightfully claimed their disapprobation to the said law. That disapprobation and refusal standpoint deserve thorough search in the eyes of history and cultural of this country, but also regarding the family structures of parenthood, in the Polynesian society. That refusal of legal recognition of the couple of the same sex raises the question of the fundamental choices of the Polynesian society concerning sexuality, marriage, filiations and family relationships deprived of the basis of sexual otherness.

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