Recognition and equivalence of de facto
unions discriminates against marriage
(16) Through public recognition of de facto unions, an asymmetrical juridical
framework is established. Whereas society would take on obligations towards the
partners in a de facto union, they in turn would not take on the essential
obligations to society that are proper to marriage. Making them equivalent aggravates this situation because it
privileges de facto unions with respect to marriages by exempting the former
from fulfilling essential duties for society.
In this way, a paradoxical disassociation is accepted that is ultimately
detrimental to the institution of the family.
With regard to the recent legislative attempts to make the family and de
facto unions equivalent, including homosexual unions (it is good to keep in
mind that their juridical recognition is the first step toward their
equivalency), members of parliament
should be reminded about their grave responsibility to oppose them, for
“lawmakers, and in particular Catholic members of parliaments, should not favor
this type of legislation with their vote because it is contrary to the common
good and the truth about man and thus truly unjust”.[18][18] These
legal initiatives present all the characteristics of non-conformity to the
natural law which makes them incompatible with the dignity of the law. As Saint Augustine says, “Non videtur esse
lex, quae iusta non fuerit”.[19][19] An
ultimate foundation of the juridical system must be recognized.[20][20] This does
not mean presuming to impose a given behavior “model” on the whole of society,
but rather the social need for recognition, by the legal system, of the
indispensable contribution of the family based on marriage to the common good. Wherever the family is in crisis, the
society falters.
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