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Archive for June 5th, 2008

France is perhaps the worst place in Western Europe for individual liberty — recall the recent conviction of Brigette Bardot for hate-speech — however, their courts do get things right once in a while. In a marriage annulment case, much in the news lately, the French judge did rule in favour of privacy and freedom. Here’s an excerpt from the Chicago tribune report (emphasis mine).

The bride said she was a virgin. When her new husband discovered that was a lie, he went to court to annul the marriage — and a French judge agreed.

The ruling ending the Muslim couple’s union has stunned France and raised concerns the country’s much-cherished secular values are losing ground to cultural traditions from its fast-growing immigrant communities.

Justice Minister Rachida Dati, whose parents also were born in North Africa, initially shrugged off the ruling — but the public clamor reached such a pitch that she asked the prosecutor’s office this week to lodge an appeal.

What began as a private matter “concerns all the citizens of our country and notably women,” a statement from her ministry said.

The hitch is that both the young woman and the man at the center of the drama are opposed to an appeal, according to their lawyers.

The young woman’s lawyer, Charles-Edouard Mauger, said she was distraught by the dragging out of the humiliating case. In an interview on Europe 1 radio, he quoted her as saying: “I don’t know who’s trying to think in my place. I didn’t ask for anything. … I wasn’t the one who asked for the media attention, for people to talk about it, and for this to last so long.”

The court decision “is a real fatwa against the emancipation and liberty of women. We are returning to the past,” said Urban Affairs Minister Fadela Amara,

“In a democratic and secular country, we cannot consider virginity as an essential quality of marriage,” said an expert on French secularism, Jacqueline Costa-Lascoux.

I am sorry, expert, but the question isn’t what you or I think are the essential qualities for a marriage. The issue is extremely simple — the two parties mutually agreed there should be an annulment on the basis there was a breach of contract, the annulment was granted and they are happy. Stop thinking for other individuals. The government has no business encroaching into private consensual affairs, whether or not those offend your fine sensibilities.

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