(17) The family has a right to be protected and promoted by society, as many
Constitutions in force in States around the whole world recognize.[21][21] This is a
recognition in justice of the essential function which the family based on
marriage represents for society. A duty
of society, which is not only moral but civil too, corresponds to this original
right of the family. The right of the
family based on marriage to be protected and promoted by society and the State
must be recognized by laws. This is a
question that affects the common good.
With clear argumentation, Saint Thomas Aquinas rejects the idea that
moral law and civil law can be in opposition: they are different but not in
opposition; both are distinguished from one another, but they are not
disassociated from one another; between them there is neither unanimity nor
contradiction.[22][22] As John
Paul II stated: “It is important that all who are called to guide the destiny
of nations recognize and strengthen the institution of marriage; in fact,
marriage has a particular juridical status that recognizes the rights and
duties of the spouses to one another and to their children, and families play
an essential role in society, whose permanence they guarantee. The family fosters the socialization of the
young and helps curb the phenomena of violence by transmitting values and the
experience of brotherhood and solidarity which it allows to become a reality
each day. In the search for justified
solutions in modern society, the family cannot be put on the same level as mere
associations or unions, and the latter cannot enjoy the particular rights
exclusively connected with the protection of the conjugal commitment and the
family based on marriage, a stable community of life and love, the result of
the total and faithful gift of the spouses, open to life”.[23][23]
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