LGBTQ Legal Status
The history of LGBT rights in France is often characterized by a "Revolutionary Paradox." France was the first Western country to decriminalize homosexuality (thanks to the Revolution of 1791), yet it was slower than many of its neighbors to grant modern rights like marriage and medically assisted reproduction, often due to intense political debates about the definition of "family."
Here is the historical overview of the legalization of homosexuality and gay rights in France.
Phase I: The Revolutionary Decriminalization (1791–1940)
While most of Europe was still executing sodomites, Revolutionary France took a radically different path based on the philosophy that "private sins are not public crimes."
1791: The French Revolution adopts a new Penal Code. It drops the crime of sodomy entirely.
Result: France becomes the first modern Western nation to decriminalize homosexuality. Private sexual acts between consenting adults are no longer a crime.
Note: This was not necessarily done to "support" gays, but because the revolutionaries wanted to remove religious morality from the law.
1810: Napoleon’s Penal Code maintains this decriminalization, exporting it to many countries conquered by France (e.g., Belgium, Netherlands, Italy), creating a "continental" legal tradition distinct from the harsh British/German laws.
Phase II: The Vichy "Stain" & Discrimination (1940–1982)
The 150-year period of legal equality ended during World War II. The collaborationist Vichy regime introduced discriminatory laws that the post-war government surprisingly kept for nearly 40 years.
1942 (Vichy Regime): The government introduces a discriminatory age of consent. While heterosexuals could consent at 15, homosexual acts are criminalized if one partner is under 21.
1960: The "Mirguet Amendment" classifies homosexuality as a "social scourge" (alongside alcoholism) and increases penalties for public indecency if the act is homosexual.
1981: Francois Mitterrand is elected President. His Minister of Justice, Robert Badinter (famous for abolishing the death penalty), vows to end the discrimination.
1982: Decriminalization of Discrimination. The "Vichy law" is repealed. The age of consent is equalized at 15 for everyone. Police files on homosexuals are destroyed.
Phase III: The PACS Era (1985–2012)
France invented the PACS, a civil union contract that became wildly popular not just with gay couples, but with straight couples too, serving as a "marriage-lite."
1985: France adds "lifestyle" (mœurs) to its anti-discrimination laws, prohibiting discrimination in employment and services.
1999: The PACS (Pacte Civil de Solidarité) is created.
It offers legal recognition to same-sex couples (taxes, joint filing) but offers fewer rights than marriage (no adoption, no inheritance without a will).
It becomes a massive social success; today, nearly as many straight couples sign a PACS as get married.
2010: France becomes the first country in the world to remove "transsexualism" from its list of long-term psychiatric conditions (ALD), declaring it is not a mental illness.
Phase IV: "Mariage Pour Tous" & Bioethics (2013–Present)
The final push for marriage was one of the most contentious political battles in modern French history, marked by massive street protests.
2013 (May): Marriage Equality (Mariage pour tous).
After months of debates and protests by the conservative "La Manif pour tous" movement, the law passes.
France becomes the 13th country in the world to legalize same-sex marriage.
Adoption: Full joint adoption rights are granted immediately.
2016: Transgender Rights. The law is modernized to allow transgender people to change their legal gender without the requirement of sterilization or medical surgery.
2021 (August): PMA for All. The "Bioethics Law" is passed.
Medically Assisted Reproduction (PMA)—such as IVF and artificial insemination—is legalized for lesbian couples and single women. Previously, they had to travel to Belgium or Spain.
The state health insurance (Sécurité Sociale) covers the costs.
2022: Ban on Conversion Therapy. A law is unanimously passed banning "conversion therapies" (attempts to change a person's orientation or gender identity) with penalties of up to 2 years in prison.
Historical Timeline
1791: Decriminalization of homosexuality (Revolutionary Penal Code).
1942: Discriminatory age of consent introduced (Vichy Regime).
1982: "Vichy Law" repealed; Age of consent equalized (at 15).
1999: PACS (Civil Unions) introduced.
2010: Transsexualism declassified as a mental illness (World First).
2013: Same-sex Marriage (and adoption) legalized.
2016: Sterilization requirement removed for legal gender change.
2021: PMA (IVF) legalized for lesbian couples & single women.
2022: Conversion therapy banned nationwide.
Travel Advice
France is generally safe for LGBTQ travelers, especially in Paris and other major cities. The Marais district in Paris is the historic gay neighborhood. Paris Pride is a major annual event. While urban areas are very accepting, some rural areas may be more conservative. Public displays of affection are generally accepted in cities.
Additional Information
Paris hosts a large Pride celebration every June. The Marais has numerous gay bars, clubs, and shops. Nice and Lyon also have active LGBTQ communities. France was one of the first countries to decriminalize homosexuality in 1791.
