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Same sex marriage has been legal in France since 18 May 2013, making France the thirteenth country in the world and the ninth in Europe to allow same sex couples to marry. The legislation applies to metropolitan France as well as to all French overseas departments and territories. A bill granting same sex couples the right to marry and jointly adopt children was introduced to the National Assembly by the Socialist government of Prime Minister Jean Marc Ayrault on 7 November 2012, with the support of President François Hollande who declared his intent to support the legislation during his campaign for the presidency. On 12 February 2013, the National Assembly approved the bill in a 329–229 vote. On 12 April 2013, the Senate approved the bill with amendments in a 171–165 vote, followed by the approval of the amended bill by the National Assembly on 23 April 2013 in a 331–225 vote. However, a challenge to the law by the conservative Union for a Popular Movement party was filed with the Constitutional Council following the vote. On 17 May 2013, the Council ruled that the law was constitutional. That same day, President Hollande promulgated the bill, which was officially published the next day in the Journal Officiel de la République Française.

Despite the creation and implementation in 1999 of the civil solidarity pact (, ), more commonly known as PACS, a system allowing civil partnerships between two persons without regard to their gender and guaranteeing certain personal and civil rights to both "pacsés", there was considerable political and societal debate over same sex marriage in France during the first decade of the 21st century. The civil solidarity pact was voted on by the French Parliament in November 1999 with the support of Prime Minister Lionel Jospin. Following President Hollande's signature of a 2013 legalising same sex marriage, PACS remains in effect and available for both opposite sex and same sex couples.

On 5 June 2004, former Greens presidential candidate Noël Mamère, the Mayor of the Bordeaux suburb of Bègles, conducted a same sex marriage ceremony for two men, Bertrand Charpentier and Stéphane Chapin. Mamère claimed that there was nothing in French law to prohibit such a ceremony, and that he would appeal any challenge to the European Court of Human Rights. Minister of Justice Dominique Perben had stated that such unions would be legally void, and called for judicial intervention to halt the ceremony. On 27 July 2004, the Bordeaux Court of General Jurisdiction declared the marriage null and void. One legal argument defended by the public prosecutor, representing the national government, was that the French Civil Code contained several mentions of husband and wife, thereby implying different genders. On 19 April 2005, the Appeals Court of Bordeaux upheld the ruling, and on 14 March 2007, the Court of Cassation turned down Charpentier and Chapin's appeal. On 9 June 2016, the European Court of Human Rights ruled that the decision to invalidate Charpentier and Chapin's marriage did not constitute an infringement of the European Convention on Human Rights.

Shortly after the ceremony took place, Interior Minister Dominique de Villepin instituted disciplinary procedures against Mayor Mamère, suspending him from his duties for one month.

A parliamentary "Report on the Family and the Rights of Children" was released on 25 January 2006. Although the committee recommended increasing some of the rights already granted by the PACS civil partnership, it recommended maintaining prohibitions against marriage, adoption, and access to medically assisted reproduction for same sex couples, arguing that these three issues were inseparable and that allowing them would contravene a number of articles of the United Nations Convention on the Rights of the Child, to which France is a signatory (though many UN member nations did grant some or all of these rights to same sex couples). Referring to the rights of children as a human rights issue, the report argued that children "now have rights, and to systematically give preference to adult aspirations over respect for these rights is not possible anymore." Because of these prohibitions, left wing members of the committee rejected the report.

LGBT organizations in France, believing that the prohibition of same sex marriage was contrary to the Constitution of France, asked the Constitutional Council to examine the constitutionality of same sex marriage and to review the articles of the Civil Code. On 28 January 2011, the Council decided that the illegality of same sex marriages was not contrary to the Constitution, further stating that same sex marriage legalization was a question for Parliament to decide. On 14 June 2011, the National Assembly of France voted 293–222 against legalizing same sex marriage. Deputies of the governing Union for a Popular Movement party mostly voted against the measure, while deputies of the Socialist Party mostly voted in favour. Members of the Socialist Party said that the legalization of same sex marriage would become a priority should they gain a majority in the 2012 legislative election. On 12 November 2011, Mayor Jean Vila of Cabestany performed a same sex wedding ceremony for a couple named Patrick, 48, and Guillaume, 37. The marriage was not recorded in order to prevent a subsequent nullification, and Vila described it as a "militant act", saying that "there are times when it is necessary to act outside the law. Refusing same sex marriage is to deny the reality of thousands of couples."

The opposition Union for a Popular Movement (UMP) party immediately filed a challenge against the law with the Constitutional Council. On 17 May 2013, the Council declared the law constitutional. The first official same sex wedding ceremony took place on 29 May in the city of Montpellier between Vincent Autin and Bruno Boileau. The ceremony was conducted by Mayor Hélène Mandroux. In June 2013, the French Government issued a circulaire stipulating a maximum sentence of 5 years' imprisonment and a fine of 75,000€ for any mayor or local official who refuses to perform a marriage for a same sex couple on the sole basis of their sexual orientation. The official may also face discrimination charges under Article 432 7 of the Penal Code. In October 2013, the Constitutional Council dismissed a lawsuit challenging the circulaire, ruling that it did not violate the French Constitution. The court wrote in its ruling that the circulaire "ensures a good enforcement of the law and guarantees neutrality from the state". In September 2015, a court in Marseille sentenced Sabrina Hout to five months' imprisonment for having refused to perform a same sex marriage back in August 2014. Hout, who served as deputy mayor in Marseille, had been scheduled to officiate at the marriage on 16 August but said she was not feeling fell and asked a local council member to perform the marriage instead. However, the council member did not have the legal authority to perform the marriage and it was later invalidated. Hout officiated at four opposite sex marriages that same day. In October 2018, the European Court of Human Rights dismissed an appeal from 146 mayors in the case. In July 2018, MP Guillaume Chiche introduced a bill to legalise assisted reproduction for married and unmarried lesbian couples and single women. In June 2019, Prime Minister Édouard Philippe told the National Assembly that the government intended to have the legislation examined in the Assembly from the end of September 2019. The bill was adopted in its first reading by the National Assembly on 15 October 2019 by a vote of 359–114. It passed its second reading on 31 July 2020 by 60 votes to 37 (the low turnout being due to most Assembly members having gone on summer holidays). The Senate approved the bill in first reading on 4 February 2020 by 153 votes to 143 with 45 abstentions. The proposal would also foresee the state covering the cost of the assisted reproduction procedures for all women under 43 and allowing children born with donated sperm to find out their donor's identity when they reach the age of 18. The bill passed its final reading in the French Parliament on 29 June, and came into effect in September 2021. There has been little political movement to abrogate the same sex marriage law despite some politicians, including 2017 presidential candidate Marine Le Pen, expressly calling for its repeal. Former President Nicolas Sarkozy said he favored repealing the law in 2014, but said in a 2016 interview that he had changed his mind, calling a repeal "unjust, cruel and legally impossible". In 2017, the party president of The Republicans (previously the UMP), Laurent Wauquiez, said he opposed repealing the law, and in June 2019, the vice president of the National Rally, Jordan Bardella, said the matter was "settled". While running in the 2022 presidential election, Le Pen said she also opposed repealing the law, tweeting on 15 April 2022, "I will not take rights away from French citizens. Marriage for all will remain if I am elected President of the French Republic".

There had been initial confusion over whether the act applied to nationals of Algeria, Bosnia and Herzegovina, Cambodia, Kosovo, Laos, Montenegro, Morocco, Poland, Serbia, Slovenia or Tunisia, as it breached bilateral agreements stipulating that the law of those countries applies rather than French law. The Court of Cassation ruled that it does in September 2015, finding the provisions excluding these countries discriminatory and contrary to French law.

While Polynesian and Mayotte culture historically practiced polygamy, there are no records of same sex marriages as understood from a Western perspective being performed in those cultures. However, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. In the Society Islands of French Polynesia, there exists people who fulfill a traditional, spiritual and social third gender role. They are known as māhū in Tahitian. The māhū are assigned male at birth but express themselves as women. "Being outside of the traditional male female divide", they are raised as girls from early childhood, carry out women's work in the home and the community, and historically often served as domestic servants of the nobility. The māhū are considered an integral part of Tahitian society; "Māhū were not merely tolerated; they were regarded as a legitimate and contributory part of the ancient Polynesian community." They have been known to Europeans since the 18th century, with William Bligh, the captain of HMS Bounty, having noted the presence of "men with great marks of effeminacy". Historically, if they wished to marry and have children, they would marry women. The māhū status thus created the possibility for marriages between two female presenting individuals to be performed in Tahitian culture. In 2005, media reported the story of a popa’a, a Frenchman, leaving his wife and child to live with a rae rae in Raiatea. In Wallisian culture, people who occupy a similar third gender role are known as fakafafine , and it is likely that "they have always existed" on Wallis. Assigned male at birth, they express themselves as women and carry out women's work in the community. They are also known as fakafafine in Futunan. In the Marquesas Islands, people born as male but expressing themselves as women are known as piivehine , while people born as female but expressing themselves as men are known as piivahana French sociologist Laure Hins Grépin reported in 2005 that piivehine had sexual intercourse primarily with "openly macho" cisgender men, but did not say whether were historically allowed to marry. as ’aka’a’ine in Mangareva, and as hakavahīne in the Tuamotuan language, though māhū is also used. In Mayotte, the sarambavi (سَرَمْٻَاڤِ; ; ) occupy a similar cultural role, and are "relatively well integrated into Mayotte society". They choose to obey the "law of women", and can take part in the mbiwi, a traditional dance generally reserved for women. However, it is unknown if the sarambavi were historically allowed to marry.

A lesbian couple, Rosemonde Zébo and Myriam Jourdan, became the first same sex couple to marry in Martinique in June 2013. The couple were married in Le Carbet in a ceremony alongside family, friends and well wishers. The first same sex wedding in Guadeloupe occurred in July 2013 in Saint Anne between Eric Dandler and Serge Willame. The first same sex marriage in French Guiana took place in August 2013 in the city of Saint Laurent du Maroni, and by April 2018 12 same sex couples had married in the capital city of Cayenne. In Réunion, the first same sex marriage was performed for a lesbian couple, Laurence Serveaux and Corinne Denis, in Saint Paul in June 2013. By July 2015, 93 same sex couples had married on the island. In Mayotte, the first same sex wedding was performed in September 2013 for a French Cuban couple in Mamoudzou. The marriage was performed by Mayor Abdourahamane Soilihi, a vocal opponent of same sex marriage. This marked the first time in modern history that a legally recognized same sex marriage had occurred in a jurisdiction where a majority of the population follows the religion of Islam. The first marriage between a male Maorais couple was performed in March 2015. In 2022, a couple from the town of Kani Kéli were denied the right to marry on multiple occasions. The couple were initially scheduled to get married on 12 February after months of planning, but the mayor later postponed the ceremony to 14 February, before postponing it again onto several successive dates. They accused the mayor of being "scared" of performing the marriage in the face of public opposition. Media reported that the couple had successfully married by May 2023. The first same sex marriage in French Polynesia took place in Haapiti, Mo'orea in July 2013. The couple who had wished for a quiet ceremony were harassed by a group of opponents of same sex marriage. By February 2014, 11 same sex marriages had occurred in New Caledonia, representing 1.7% of all marriages, with 9 of these being performed in the South Province and the remaining 2 in the North Province. The first same sex marriage in the North Province was performed in Poindimié in September 2013. The same sex marriage law does not apply to individuals governed under Kanak customary law, which recognises Kanak customs for contracts, land, family and persons. If a Kanak same sex couple wishes to marry, they would need to renounce their customary law status and ask to be governed under French civil law. The first couple to marry in Saint Barthélemy did so in August 2013 in Gustavia. In Saint Martin, the first same sex marriage was performed in October 2013 and officiated by politician Guillaume Arnell. The couple had rocks thrown at them and received homophobic insults as they left city hall. The first same sex marriage in Saint Pierre and Miquelon occurred in March 2014. Overall, relatively few same sex marriages have been performed in the overseas departments and territories compared to metropolitan France. According to a 2018 report, eight same sex marriages had been performed in Saint Barthélemy, five in French Polynesia, four in Saint Martin, two in Saint Pierre and Miquelon and one in Wallis and Futuna since legalization.

In May 2015, the United Protestant Church of France voted to allow its pastors to bless same sex marriages. The measure, which was passed by 94 votes to 3, also includes a freedom of conscience clause allowing pastors with objections to opt out. A marriage between two lesbian pastors was celebrated in a Protestant church in Montpellier in July 2021. The assembly of the Union of Protestant Churches of Alsace and Lorraine voted in November 2019 by 36 votes to 13 to allow its pastors to bless same sex marriages. The measure also includes a freedom of conscience clause for pastors opposed to blessing same sex relationships. Other religious denominations also perform and bless same sex marriages, including Old Catholic churches, and Breton Druid groups. The Catholic Church opposes same sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans, a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same sex couples. Bishop of Bayonne, Lescar and Oloron Marc Aillet reacted to the declaration, "I invite them [priests], if the people ask for it, to give them [same sex couples] a blessing, provided it's to each person individually, calling them to conversion and inviting them to ask for the help of the grace that the Lord grants to all those who ask him to conform their lives to God's will." Bishops of the Ecclesiastical Province of Rennes said, "It is appropriate to spontaneously bless, individually, each of the two persons forming a couple, whatever their sexual orientation, who humbly ask God's blessing, with the desire to conform more and more to his holy will."