Hacia un nuevo concepto de matrimonio y familia

Abstract

Over the last several years there has been a noticeable change with regard to the concept of family; a change which equates, or at least tries to equate, matrimonial unions and de facto unions -homosexual as well as heterosexual- through an interpretation (which I believe to be forced) of articles 10 & 14 in relation with articles 31-1.° & 39 of the Spanish Constitution. As a direct result of this, there has been an attempt to recognise the juridical equality of both these types of union and the subsequent demand of certain rights, while ignoring or avoiding the resulting obligations. From the point of view of both civil and canon law, marriage is considered the stable union between a man and a woman with certain ends imposed by the Codex. From another perspective, both civil and canonical codes insist on certain conditions in the constitution or dissolution of a marriage, such as fulfilling certain formalities and obligations which fall within the concept of «ius cogens», and are therefore binding. With regard to other unions such conditions are not imposed, and therefore the union and the dissolution can be carried out at will. All of this has brought about a change in the idea of matrimony, bringing it closer to de facto unions, or rather it has led to a change in the idea of family. The modem-day family is a family in disintegration: there is a lack of authority towards children who in turn often lack purpose; rebellion towards parental authority reaches new heights; sexual relations and promiscuity begin at even younger ages; unwanted pregnancies are common, etc. Faced with this cultural situation, attempts are being made to encourage family members, although they have different roles to play, to work for the benefit of the family community; children are obliged to contribute from their earnings to the common family purse; there is an attempt to respect the personalities of the children and their physical and intellectual predispositions; religious freedom prevails; social formation is encouraged; but most of all state recognition of the family as that which transcends society is essential.