A French lesbian couple are set challenge the country’s gay marriage ban in Constitutional Court.

France’s hightest court of appeal, the Court of Cassation, referred their case to the Constitutional Council on Tuesday, asking it to rule on whether gay marriage should remain illegal. The judges said in their ruling that gay marriage, “is today the subject of a broad debate within society, notably because of the evolution of morals and the recognition of same-sex marriages by the laws of several foreign countries.”

France currently recognises gay civil partnerships, but is not one of the eight European countries to offer equal marriage. Those are: Iceland, Belgium, the Netherlands, Spain, Norway, Sweden and Portugal.

The case began in August, when the unnamed couple asked a court in Reims to examine the legality of the civil code articles which ban gay marriage. The couple claim they are unconstitutional because they “limit the personal freedom of a French citizen to marry someone of the same sex”.

Gay marriage activists in France are now hopeful that the court will lift the ban. Speakig to RTL radio, Laurence Weber, president of campaign group Execo (Equal) said: “This would allow us, first of all, to abolish the sexuality hierarchy and put an end to the idea that heterosexuality is superior.”

She continued: “That’s the principle of the thing. But legalizing gay marriage would also make life a lot easier for many gay couples on a practical level.”

Lawyer Caroline Mecary, who has dealt with several cases involving homosexual partnerships, also welcomed the referral. “Soon perhaps France will respect the principle of equality by opening marriage up to people of the same sex, as eight European countries have already done,” she said.

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