(10) Equality before the law must respect the principle of justice which means
treating equals equally, and what is different differently: i.e., to give each
one his due in justice. This principle
of justice would be violated if de facto unions were given a juridical treatment
similar or equivalent to the family based on marriage. If the family based on marriage and de facto
unions are neither similar nor equivalent in their duties, functions and
services in society, then they cannot be similar or equivalent in their juridical
status.
The
pretext used for exerting pressure to recognize de facto unions (i.e., their
“non-discrimination”) implies a real discrimination against the family based on
marriage because it would be considered on a level similar to any other form of
cohabitation, regardless of whether there is a commitment to reciprocal
fidelity and the begetting and up-bringing of children or not. The orientation of some political
communities today of discriminating against marriage by attributing an
institutional status to de facto unions that is similar, or even equivalent to
marriage and the family, is a serious sign of the contemporary breakdown in the
social moral conscience, of “weak thought” with regard to the common good, when
it is not a real and proper ideological imposition exerted by influential
pressure groups.
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