Reflexiones constitucionales a propósito del llamado matrimonio homosexual
Keywords:
Marriage, family, fundamental rights, constitutional state, parity.Abstract
Through the enactment of the 13/2005 Civil Code Modification Act, regarding the Right to marry, same-sex marriages have become legal in Spain. This Act, proposed by the Government of the Prime Minister Mr. Rodríguez-Zapatero, was challenged by the Royal Academy for Jurisprudence and Legislation, the Council of State and the General Council of the Judicial Power. It was also vetoed by the Senate, and protested by many citizens. Same-sex marriage is a denaturalization of the institution of marriage. The purpose of this article is to show how this question affects the concept of the Constitutional State, and posses the question whether legal positivism threatens the existence of Constitutional democracy. As John Paul II constantly taught, a democracy without values is weakened in its very essence.
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