A mayor from the town of Arcangues in the South West of France is facing up to five years in prison and fine of
up to £63,000 for declining to carry out a same-sex marriage.
Jean-Michel Colo, who has been mayor for 31 years, rejected a wedding application from two men and says he stands by his decision.
Mr Colo was the first local official to declare he would not allow same-sex nuptials in his town hall.
Interior Minister Manuel Valls promptly reminded Mr Colo that he risked “heavy sanctions” if he refused to officiate at gay marriages.
Under French law, discrimination on the grounds of sexual orientation can be punishable by up to half a decade in prison and up to a €75,000 fine.
He could also be removed from office, or face suspension over the move – which is being supported by his deputies.
Mayor Colo said while it is up to individuals what they do in the privacy of their own homes, “if you ask me as the mayor to support it, then I am very uncomfortable with it”.
Speaking to a French newspaper, the French Interior Minister said elected officials “who do not respect the laws of the republic will risk significant sanctions”.
The same-sex couple, Guy Martineau-Espel and Jean-Michel Martin, plan to take the case to court.
And a homosexual lobby group also says it will file a complaint against the mayor and his deputies.
France redefined marriage in April, but at the time a poll showed around 15,000 mayors were opposed to the new law.
The bishops’ conference Family and Society Council issued a document entitled “Let’s continue the dialogue” that urged Catholics to continue to argue for a marriage model that defends the interests of children and families.