France Ends "Marital Duty" to Protect Consent in Marriage

France just took a powerful stand for bodily autonomy by unanimously voting to end the concept of "marital duty." The bill, backed by over 120 lawmakers, makes crystal clear that saying "I do" doesn't mean saying yes to sex forever.

The legal change matters because of a troubling gap in French law. While France's civil code never explicitly mentioned sexual obligation in marriage, courts sometimes interpreted the duty to "cohabit" as sharing a bed, which implied spouses owed each other sex.

This interpretation had real consequences. In 2019, a French court granted a man a divorce because his wife refused to have sex with him, essentially punishing her for saying no. Europe's top human rights court later ruled in her favor, but the damage exposed a glaring problem in how consent was understood within marriage.

The new bill passed the National Assembly on Wednesday and now heads to the Senate for final approval. It's part of France's broader effort to modernize consent laws after adding explicit consent requirements to its legal definition of rape just last year.

Women's rights groups celebrated the vote as a crucial step forward. The bill sends an unmistakable message that marriage doesn't override anyone's right to control their own body or make their own choices about intimacy.

The Ripple Effect

France joins at least 19 European countries that have adopted consent-based laws putting personal choice at the heart of intimate relationships. The shift recognizes something fundamental: consent isn't just necessary on first dates or in casual relationships, but in every sexual encounter, including within marriage.

The change challenges deeply rooted cultural attitudes that have long treated sexual access within marriage as an automatic right rather than an ongoing choice. By writing consent protections directly into law, France is helping dismantle the dangerous idea that a wedding ring equals permanent permission.

While many nations now criminalize marital rape, dozens of countries still lack full legal protections for non-consensual sex within marriage. Some legal systems continue to imply that marriage grants automatic sexual consent, leaving countless people vulnerable.

Advocates say reforms like France's matter because they affirm what should be obvious: every person retains full bodily autonomy regardless of their relationship status. Laws shape culture, and when governments formally recognize that consent never expires and can never be assumed, it empowers people to speak up and seek help.

This vote proves that even countries with strong human rights records can find room to strengthen protections and update outdated legal interpretations that harm vulnerable people.