French prosecutor seeks fine for Béziers mayor over refused marriage

Trial proceedings in Montpellier

Prosecutors at the Montpellier criminal court requested a 7,500-euro fine on 30 September 2026 against Robert Ménard, the mayor of Béziers. Ménard stood trial for obstructing the execution of the law after refusing to officiate a wedding on 7 July 2023 between French resident Eva M. and Mustapha B., an Algerian national subject to an obligation to leave French territory (OQTF). Under French law, the statutory maximum penalty for the offense reaches up to five years in prison, a 75,000-euro fine, and ineligibility for public office. Prosecutor Thierry Lescouarc'h emphasized during the hearing that mayors act as state representatives for civil status and possess no legal authority to block marriages based on immigration status.

The mayor is charged with the publication and execution of laws and regulations. Consequently, mayors cannot refuse to celebrate a marriage.

Conflicting duties and municipal powers

Taking the stand, Ménard defended his 2023 decision by pointing to what he described as a structural contradiction between his municipal roles. He argued that while he serves as a civil status officer, he also functions as a judicial police officer tasked with local safety and public order. Ménard maintained that he suspected the planned union was a marriage of convenience, although prosecutors concluded there was insufficient evidence of a sham marriage. Ménard stated that he had contacted the sub-prefect, the prefect, and government ministers the week before the scheduled ceremony to protest being placed in an unlawful position. When asked by the presiding judge whether he would act similarly in the future, the mayor confirmed he would repeat the refusal under identical circumstances.

A mayor should not be forced to marry someone who should not be on the territory.

Aftermath and deportation to Algeria

The dispute originated from the scheduled ceremony at Béziers town hall, where municipal staff shut doors and triggered a fire alarm while onlookers and media gathered outside. Two weeks after the refused ceremony, French authorities deported 23-year-old Mustapha B. to Algeria, an outcome Eva M. attributed to media attention surrounding the incident. In 2023, only 7% of North African nationals subject to an OQTF were returned to their countries of origin. The couple eventually married in Algeria during the summer of 2026, though they continue to live separated as Eva resides in France with her children.

Political support and legislative proposals

Several conservative politicians attended the hearing or voiced support for Ménard during the trial in Montpellier. Bruno Retailleau, former interior minister and presidential candidate, attended the courtroom and declared that officiating the marriage would have directly undermined an executive expulsion order. Stéphane Demilly, a senator from the Union of Democrats and Independents who authored a bill to ban marriages for undocumented residents, testified that current laws are obsolete. Cannes Mayor David Lisnard, who has served as president of the Association of French Mayors since 2021, also supported Ménard, whose defense lawyer Antoine Savignat argued that the case addresses the statutory limits of mayoral responsibility.

Marrying this couple would have meant neutralizing a state decision.

Legal precedents in French municipalities

Similar municipal disputes over marriage refusals have previously reached French courts. In June 2026, a court ordered a municipality in the Paris region to pay a 12,000-euro fine after local officials refused to celebrate a marriage in 2025. That ceremony was eventually performed by a successor mayor elected in subsequent municipal voting. The Montpellier criminal court will deliver its ruling following the conclusion of the trial.