This year felt especially tender. Back home, there’s talk that equal marriage could be… let’s say “reconsidered” by people who prefer history books without chapters. We’re grateful, we’re worried, and we’re determined. And because I am me, “romance” now includes tabbing key laws with color-coded Post-its like a curated legal charcuterie board.
What France already recognizes about our marriage
Short version: France recognizes same-sex marriage and, crucially, has conflict-of-laws rules that favor recognition of marriages valid where celebrated. Article 202-1 of the French Civil Code explicitly allows two people of the same sex to marry when, for at least one of them, either their personal law or the law of the country of their domicile/residence permits it. That rule underpins how France treats foreign marriages, too — it’s designed to avoid the “you can’t marry because your home country forbids it” trap. (Légifrance)
In plain English: if your marriage was valid where you married, France is very likely to recognize it (and France itself has been open to equal marriage since 2013). (gaylawyers.com)
“Can we remarry in France, just in case?”
No — you can’t marry again if you’re already married (that rule exists for everyone). What you can do is a renewal of vows or a cérémonie laïque (beautiful, moving, legally symbolic). Some mairies host these for anniversaries, but it’s not a legal act. Ask your mairie; policies vary. (DemarchesAdministratives.fr)
If — big hypothetical — the U.S. ever tried to trash equal marriage, France’s recognition of your existing marriage would not vanish just because another country changes its mind. Recognition here is based on French law and general private-international-law principles, not U.S. political weather. (I am not a lawyer and may have misunderstood what I read so consult a legal expert. If your situation is complex — different nationalities, prior marriages, name changes — talk to a notaire.)
The bigger picture: is there a global treaty forcing recognition?
Here’s the un-romantic truth:
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There is no universal treaty that compels all countries to recognize foreign marriages of any kind, let alone same-sex marriages. There is a Hague Convention on marriage recognition (1978), but very few countries are parties. So globally, recognition depends mostly on each country’s domestic conflict-of-laws rules and public policy exceptions. Translation: in countries that ban equal marriage, officials may refuse recognition by saying it’s “against public policy.” (HCCH)
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In the EU, there’s important case law for free movement. In Coman (CJEU, 2018), the Court held that an EU country must treat a same-sex spouse as a “spouse” for residence rights when the marriage was lawfully performed in an EU Member State, even if the host country doesn’t allow equal marriage domestically. It’s not a blanket rule for everything, but it matters for residence. (If your marriage was concluded outside the EU, you can often still get recognition via national law, but Coman specifically concerned an EU-celebrated marriage.) (Wikipedia)
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In the Council of Europe human-rights system, the ECHR’s Fedotova (2023) judgment requires states to provide some form of legal recognition for same-sex couples — not necessarily marriage, but at least a registered partnership. That pushes countries toward recognition frameworks even if they don’t open marriage. (Russia left the system; the judgment still sets standards for remaining states.) (HUDOC)
Practical steps for couples like us (aka “romantic admin”)
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Keep multiple proofs of your marriage: certified copies of the U.S. marriage certificate + apostille if available. France doesn’t require you to “re-register” a foreign marriage for it to exist here, but good paperwork makes life smoother.
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Ask your mairie about a renewal of vows or book a cérémonie laïque with an officiant. It’s symbolic, not legal — and gorgeous. (Aix’s Salle des Mariages is stunning; book early.)
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If you ever plan to marry in France (for couples not yet married): at least one spouse usually needs a local domicile or residence; there’s a publication des bans period (minimum 10 days) and a dossier to file. Timing matters. (Service Public)
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Moving within the EU? If you rely on free-movement rules, know the Coman basics for residence rights — especially if your next stop isn’t an equal-marriage country. Bring documents that show the marriage was valid where celebrated. (Wikipedia)
Our day, our why
We spent the day together, and made a toast to Provence, to public transport that (mostly) works, to neighbors who say “bonjour” like they mean it, and to a town that made space for us without fuss. And we promised each other (again): whatever the headlines say, we’ll keep building our little Franco-American life — with paperwork, pastries, and patience.
France, merci. You’ve given us sun, olives, and the comfort of legality. And to anyone reading who wonders whether love crosses borders: it does, with a passport full of stamps and a folder full of photocopies.
Sources & further reading
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Code civil, art. 202-1 (conflict rules enabling same-sex marriage despite a party’s national law) and the 2013 decision opening marriage: Legifrance; Conseil constitutionnel. (Légifrance)
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Same-sex marriage in France overview. (gaylawyers.com)
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Hague Convention (1978) on celebration/recognition of marriages (rarely used; limited parties). (HCCH)
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CJEU Coman (2018) — recognition of same-sex “spouse” for EU residence/freedom of movement. (Wikipedia)
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ECHR Fedotova (2023 GC) — states must provide some legal recognition to same-sex couples. (HUDOC)
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French marriage logistics (bans, timing, documents) and renewal-of-vows notes. (Service Public)
Your turn — add a comment 💬
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A1: Write 1–2 sentences: “Nous avons fêté notre anniversaire de mariage à Aix. C’était simple et très heureux.”
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A2: Share a tiny story in imparfait: “On regardait la place, on buvait un café, et on pensait à notre avenir en France.”
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B1: Post a practical question you have about paperwork (bans, apostilles, traductions).
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B2: Compare how two countries you know treat recognition of foreign marriages (be kind, be specific).
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Advanced: Link a court decision or statute from your country and summarize the recognition rule in 3 lines.
(P.S. If you’ve done a vow-renewal at a mairie in Provence, tell us where and how you booked it — tips welcome!)
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