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- Title
CONSTITUCIONALIDAD DEL MATRIMONIO ENTRE PERSONAS DEL MISMO SEXO. LA GARANTÍA INSTITUCIONAL DEL MATRIMONIO Y EL DERECHO FUNDAMENTAL A CONTRAERLO (A PROPÓSITO DE LA STC DE 6 DE NOVIEMBRE DE 2012).
- Authors
BENAVENTE MOREDA, PILAR
- Abstract
The Constitutional Court has declared in judgment of November 6, 2012 on the constitutionality of the Law 13/2005, of July 1, which modifies the CC on the marriage regulation, declares that such a legal reform, does not even damage either the institutional guarantee of the marriage or the fundamental right to perform it. The matrimonial institution does not remain spoilt by the fact of admitting the marriage between persons of the same sex, not even the fundamental right to contract it limits itself nor damages, in the measurement in which the heterosexual persons can continue contracting it in equality of conditions since the only thing that the legislator does is to regulate a different way of performing it. In relation to this judgment, the present work deals with the evolution suffered in our country and in our environment in the recognition of the equalitarian marriage, and the decisive character that such evolution has had in the decision of the Constitutional Court, after more than seven years from the enactment of the law.
- Subjects
SPAIN; SAME-sex marriage; CONSTITUTIONAL law; MARRIAGE law; SAME-sex marriage laws; CIVIL rights; EQUALITY; LAW reform
- Publication
Revista Jurídica de la Universidad Autonóma de Madrid, 2013, Issue 27, p327
- ISSN
1575-720X
- Publication type
Article