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Pontifical Council for the Family
Family, marriage and de facto unions

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  • III – De facto unions in the whole of society
    • Recognition and equivalence of de facto unions discriminates against marriage
      • 16
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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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