CONSTITUTIONAL ASPECTS OF THE INSTITUTIONALIZATION OF SAME-SEX MARRIAGE IN THE LIGHT OF RECENT CASE LAW OF THE FRENCH CONSTITUTIONAL COUNCIL

This article is an attempt at a synthetic presentation the most important aspects of the discussion that took place in France in connection with the adoption of the Act of 17 May 2013, the legislation opening marriage to couples of the same sex (the so-called Marriage for All). In this debate - as noted by the legal theorists - constitutional arguments were widely used. Disputes in this regard, moved to the constitutional court, gave the Constitutional Council an opportunity to expand and clarify the jurisprudence and provide a constitutional framework for the law on marriage or - more broadly - family law. The analysis of these issues seems worthy of attention.