The law of equal marriage is unconstitutional –

The Creator: Bruno Acosta Pastore (Uruguay)

Second 12 months Regulation pupil on the Universidad Católica del Uruguay, Metropolis of Montevideo. Blogger:


«Article 1 of Regulation 19,075 is unconstitutional because it violates Article 40 of the Structure. The primary offers that “civil marriage is the everlasting union, in accordance with the regulation, of two individuals of various or similar intercourse “, whereas the second establishes that” the household is the idea of our society. The State will guarantee its stability ethical and materials, for the higher formation of youngsters inside society. ” Since marriage between two folks of the identical intercourse is immoral, the ethical stability that the household should get pleasure from as required by article 40 of the Lex Magna shouldn’t be being revered.

The conclusion I’ve simply reached will irritate and maybe make snigger – considering to themselves, “what a weak argument, how straightforward to reply” – the everyday Western liberal of our instances. Why will it irritate you? As a result of liberalism, as Rafael Ramis Barceló has mentioned, is the enemy of the frequent good, and with it, of morality. Why do you assume that is a simple argument to reply? As a result of to the type of phobia – as an alternative of homophobia let’s invent one other phrase, moralphobia– that liberals have the frequent good and morality, they merely reply that it’s not an idea to have in mind because of its indeterminacy.

This separation between regulation and morals has a historic origin, relationship again to the seventeenth century. Earlier than, in the course of the Center Ages with Christianity and within the Classical Age with the Greeks, each spheres had been inextricably linked. With the arrival of liberalism, the ideas separated, by no means to be reunited.

I need to make clear that the lack of an goal morality and the step in the direction of a subjective one didn’t happen solely in Regulation, but in addition –and probably its cause- in philosophy, with Kantian morality. »…

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