A French mayor could face five years in prison after saying today that he would rather 'go to the gallows' than marry two gay men. Jean-Michel Colo, who officiates near the south-western city of Bayonne has refused to wed Jean-Michel Martin and Guy Martineau-Espel. The couple are now suing the mayor for discrimination, claiming that Mr Colo is breaching the same-sex marriage law which came into force across France last month. Protest: There have been numerous protests in France both in favour and against gay marriage, including this stunt at the recent French Open Men's Final between  Rafael Nadal of Spain and compatriot David Ferrer . The dispute is now set to provide a . test case for the new marriage law which has proven divisive in France . and has already seen thousands take to the streets to . protest. Mr Colo, 60, has been mayor of the . small village of Arcangues, in the Pyrenees-Atlantiques department, for . the past three decades. He now risks five years in prison and a . fine of around £64,000 for his refusal to officiate at the wedding of . Mr Martin and Mr Martineau-Espel, who are both in their 50s. Divisive: The new gay marriage law has proven divisive in France where there were protests including this demonstration in March through the streets of Paris. It has also been opposed by both the Catholic Church . 'For me, marriage is for a woman and . man to have children,' said Mr Colo. 'I am not discriminating as a . same-sex couple is sterile. It's a parody of equality, it's a big lie.' Mr Colo added that he would rather 'go . to the gallows' than back down on the vexed issue. He has argued there . is a 'conscience clause' in the new legislation which allows public . officials not to take part in gay marriages. But Isabelle Duguet, the couple's . lawyer, said she had filed a case against Mr Colo for discrimination and . for refusing to carry out his official duties. She said that both of her clients were . 'currently in an intolerable situation, which was particularly unjust, . degrading and discriminatory'. Issue of conscience: The Mayor of Arcangues near the French south western city of Bayonne (pictured0 said the new law allowed him to refuse to marry the gay couple as an issue of conscience . Mr Martineau Espel said he and his . boyfriend had lived in the village since 2003 and 'wanted to celebrate . our wedding in the home we are committed to' and where 'we have the . almost uncontested support of our neighbours.' French interior minister Manuel Valls . has also warned Mr Colo of 'significant punishments' saying that public . servants had a duty to obey the law. The gay marriage bill is viewed as a . centrepiece of the legislative programme of France's Socialist . government. It is more than a month since the act was passed in the . French Assemble by a vote of 331 Assembly members in favour versus 225 . against, despite violent protests in major cities including Paris. Those who opposed the bill include the Roman Catholic Church and Muslim leaders.
Gay couple to sue Mayor of Arcangues for refusing to officiate their wedding .
Court case is being viewed as a test case in France .
Comes a month after France passed divisive bill to legalise gay marriage .
Mayor has been warned to comply with new law by French interior minister .
A French mayor could face five years in prison after saying today that he would rather 'go to the gallows' than marry two gay men. Jean-Michel Colo, who officiates near the south-western city of Bayonne has refused to wed Jean-Michel Martin and Guy Martineau-Espel. The couple are now suing the mayor for discrimination, claiming that Mr Colo is breaching the same-sex marriage law which came into force across France last month. Protest: There have been numerous protests in France both in favour and against gay marriage, including this stunt at the recent French Open Men's Final between  Rafael Nadal of Spain and compatriot David Ferrer . The dispute is now set to provide a . test case for the new marriage law which has proven divisive in France . and has already seen thousands take to the streets to . protest. Mr Colo, 60, has been mayor of the . small village of Arcangues, in the Pyrenees-Atlantiques department, for . the past three decades. He now risks five years in prison and a . fine of around £64,000 for his refusal to officiate at the wedding of . Mr Martin and Mr Martineau-Espel, who are both in their 50s. Divisive: The new gay marriage law has proven divisive in France where there were protests including this demonstration in March through the streets of Paris. It has also been opposed by both the Catholic Church . 'For me, marriage is for a woman and . man to have children,' said Mr Colo. 'I am not discriminating as a . same-sex couple is sterile. It's a parody of equality, it's a big lie.' Mr Colo added that he would rather 'go . to the gallows' than back down on the vexed issue. He has argued there . is a 'conscience clause' in the new legislation which allows public . officials not to take part in gay marriages. But Isabelle Duguet, the couple's . lawyer, said she had filed a case against Mr Colo for discrimination and . for refusing to carry out his official duties. She said that both of her clients were . 'currently in an intolerable situation, which was particularly unjust, . degrading and discriminatory'. Issue of conscience: The Mayor of Arcangues near the French south western city of Bayonne (pictured0 said the new law allowed him to refuse to marry the gay couple as an issue of conscience . Mr Martineau Espel said he and his . boyfriend had lived in the village since 2003 and 'wanted to celebrate . our wedding in the home we are committed to' and where 'we have the . almost uncontested support of our neighbours.' French interior minister Manuel Valls . has also warned Mr Colo of 'significant punishments' saying that public . servants had a duty to obey the law. The gay marriage bill is viewed as a . centrepiece of the legislative programme of France's Socialist . government. It is more than a month since the act was passed in the . French Assemble by a vote of 331 Assembly members in favour versus 225 . against, despite violent protests in major cities including Paris. Those who opposed the bill include the Roman Catholic Church and Muslim leaders.
to provide a . test case for the new marriage law which has proven divisive in France . and has for discrimination and . for refusing to carry conscience: The Mayor of Arcangues near the interior minister Manuel Valls . has also warned gay marriage bill is viewed as a . centrepiece of was passed in the . French Assemble by a vote of