Society and the State must protect and promote the family based on marriage

(29) To summarize, the human, social and material promotion of the family based on marriage, and the juridical protection of the elements that comprise it in its unitary character are not only a good for the members of the family considered individually, but also for the structure and appropriate functioning of the interpersonal relations, the balance of powers, the guarantees of freedom, the educational interests, the personalization of the citizens, and the distribution of functions between the different social institutions: “Consequently the role of the family in building a culture of life is decisive and irreplaceable”.[60][60] We cannot forget that if the crisis of the family has been, on certain occasions and for certain aspects, the cause of greater intervention by the State in its sphere, it is also certain that in many other cases and for many other aspects it has been the initiative of lawmakers that has facilitated or promoted the difficulties and breakdowns of many marriages and families. “The experience of different cultures throughout history has shown the need for society to recognize and defend the institution of the family; society, and in a particular manner the State and International Organizations, must protect the family through measures of a political, economic, social and juridical character, which aim at consolidating the unity and stability of the family so that it can exercise its specific function”.[61][61]

Today more than ever, adequate attention becomes necessary—for the sake of the family and for society itself—to the current problems of marriage and the family, a special respect for its freedom, legislation that will protect its essential elements and not weigh on its free decisions regarding: women’s work that is not compatible with their situation as wives and mothers,[62][62] a “culture of success” which does not allow those who work to reconcile their professional competence with dedication to their family, [63][63] the decision to have the number of children which the spouses decide in conscience, [64][64] protection of the permanent character to which married couples legitimately aspire, [65][65] religious freedom and the dignity and equality of rights,[66][66] the principles and carrying out of the kind of education desired for their children, [67][67] fiscal treatment and other norms of a patrimonial nature (inheritance, housing, etc.), treatment of their legitimate autonomy, and respect and encouragement of their initiative in the social and political sphere, especially with regard to their own families. [68][68]  From this comes the social need to distinguish phenomena that are different in their legal aspect and in their contribution to the common good, and to treat them accordingly as being different. “The institutional value of marriage should be upheld by the public authorities; the situation of non-married couples must not be placed on the same level as marriage duly contracted”.[69][69]