World National
©World National / Roger-Luc Chayer

Court: France Didn't Discriminate

STRASBOURG, France - French authorities did not discriminate by refusing to allow a gay man to adopt a child, the European Court of Human Rights ruled Tuesday.

In a 4-3 decision, the judges cited divisions within the scientific community about "the possible consequences of children being brought up by one or more homosexual parents."

It also noted "wide differences of opinion both within and between individual countries" and the evolving nature of laws on the subject.

Therefore, it said, "a broad margin of appreciation had to be left to the authorities of each state, who were ... better placed than an international court to evaluate local needs and conditions."

The human rights court did unanimously find that the plaintiff, Philippe Frette of Paris, was denied his right to a fair hearing when a French appellate body set aside a previous ruling in his favor and dismissed his request to be allowed to adopt.

The court said Frette had not been properly informed about when the appeal was to be heard, nor was he given the opportunity to examine or respond to the government's arguments ahead of the hearing.

It awarded Frette $3,000 for expenses but did not order a new hearing.

Frette's lawyers have three months to decide whether to appeal the ruling to the court's highest chamber.

In the United States, as many as 9 million children have at least one gay parent, the American Academy of Pediatrics noted earlier this month in endorsing gay adoption.