Robert Ménard, the Conservative Mayor of Béziers, is looking at a possible prison term for refusing to officiate the marriage of an illegal Algerian migrant subject to deportation.
He was said to face up to five years in prison, a $75,000 fine and a ban from holding office.
The hearing of his case, relocated to the city of Montpellier, has been scheduled for February 18 under a fast-track guilty-plea procedure (CRPC), meaning there will be no full trial. Instead, Ménard will negotiate a sentence directly with the public prosecutor.
On July 7, 2023, Ménard had refused to marry “Mustapha”, an Algerian national under an OQTF order (Obligation to Leave French Territory) and his fiancée Eva.
Days later, Mustapha was arrested and deported to Algeria. Eva has since become a plaintiff in the case against the Mayor.
Despite facing legal consequences, Ménard remained defiant.
“As Mayor, I must officiate marriages. But as a judicial police officer, I must uphold public safety. This man was in an irregular situation and was unfavourably known to the police. I couldn’t marry them — it’s common sense.”
Ménard has argued that he was not in the wrong.
“I’m flabbergasted. I’ve done nothing wrong — I’m just caught in a contradiction,” he said.
Ménard’s refusal was illegal, as marriage was a fundamental right protected under Article 12 of the European Convention on Human Rights.
While he said he initially suspected a sham marriage, an investigation by public authorities found no evidence of fraud.
Ménard’s case has ignited debate over France’s immigration policies. French interior minister Bruno Retailleau said he understood Ménard and hinted at a potential change in the law.
On February 16, Retailleau expressed support for a draft law that would prohibit marriage when one spouse was in France illegally.
“We all know that marriage can be used to give immigrants legal status,” he said, signalling a possible shift in policy.
“I think that when a rule is wrong, it should be changed. The bill will be backed by the government, through the Minister of Justice”, he added.
The French Senate was due to examine this bill, put forward by the Centrist Stéphane Demilly, on February 27.
