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Gay marriage is it contrary to the Constitution?

The same day ( according to press reports) the Chilean Constitutional Court declared admissible the request would be inapplicable against the Civil Code in matters relating to marriage, the French Constitutional Court rendered a decision on the same subject. In this case, requesting the two women complained against the French Civil Code provisions that would have been the basis of the refusal to allow them to marry, referring to marriage, the rules refer to men and women.

The Board rejected the approach of the appellants, but delivered a policy of greater interest, in that it recognizes that depends on the discretion of the legislature the establishment of rules to determine the conditions of marriage. His central argument states:

"Whereas in terms of art. 34 of the Constitution, the law must establish the rules relating to "the status and capacity of persons, matrimonial regimes, inheritance and donations", that is lawful at all times to the legislature, within its jurisdiction, take new provisions which time corresponds to appreciate, and amend or repeal the earlier texts, replacing where necessary by other provisions from that in exercise of its jurisdiction is not stripped of legal safeguards to the constitutional requirements, that art. 61-1 of the Constitution, like the art. 61, the Constitutional Council does not confer a general power of assessment and decision of the same nature as the Parliament, that this provision only gives jurisdiction to rule on the conformity of a legislative provision and the rights and freedoms guaranteed by the Constitution. "


course, from the legal point of view the Court did not rule on the constitutionality of gay marriage. However, a sentence that gets so strongly emphasized in the jurisdiction of the legislature at their discretion and opportunity considerations that determine the choice of content legislative is a pretty strong signal that, at least in the French Constitution, there is no rule requiring that identified institutional relations are restricted marriage to couples composed of a man and a woman.

course also discussed the failure is not a precedent for Chile. But methodologically, a similar observation can also be raised with respect to the Chilean case: the Constitution "restricts marriage to unions between a man and a woman?