Marriage: Constitutional decision and great values

The Supreme Court of Justice of Panama, full, under the presentation of the president of that largest corporation of justice, Dr. Maria Eugenia Lopez, decided that the term “between a man and a woman”, contained in Article 26 Family Law of the Republic of Panamanor the expression “persons of the same sex”, included in rule 34, number 1, also delm Family law, and so is contained in Decision on constitutionality of February 16, 2023.

We welcome the decision of the plenary session of the Supreme Courtour joy, applause for Court. Lobbying and pressure, I suppose. high and influential lawyers and politicians who longed for the destruction of the institution of the family, They were of no use for the moral protection of judges who chose to continue to believe in a family, a Christian family and hold on to the full understanding that marriage is only between a man and a woman. No big differences or more fabrics to cut.

I have devoted, during these years and months, more than four articles in which I have legally supported the impossibility of making or distinguishing differences or distinguishing before constitutional right and family members who are not recognized and who, on the other hand, contradict the nature of the difference between man and woman, the basic subjects of marriage, This would lead to the irrationalization of the same national constitutional regulations and other legislation. For this reason, I cannot stop expressing my joy to meet you decision of the Court. Joy that manifested itself in generality panama societypeople, who also prefer to continue to believe and bet on the Christian family, the spiritual concept of it.

I answer belowin connection with an essay I wrote and published, in this same newspaper, on marriage and as a result of the claim of unconstitutionality which rested on Courtwhich I find opportune since the concepts expressed are already nested in the magistrates minds and they expressed it that way, so today, when it was decided on the constitutionality of national marriage, excluding distorted differences, I repeat the concepts that I expressed and yes, andjudgment of the Court, hierarchical. Let’s see: “Etymologically, the word marriage comes from the word matrimonium. It means “that which has the quality or condition of a mother.” Matri from matre-mother and monium of the quality or condition of such. And that is to be married or a married woman, celebrated the act of marriage , generally always in front of a religious or civil authority, was intended for the birth, that is, the arrival and upbringing of children.

In Roman law, when talking about a relationship couple between a man and a woman, for the purpose formed a family, it was called connubiumalthough, with the passing of the century, the word marriage was introduced to denote this relationship.

In Panama, Article 57 National Constitution devotes andMarriage as the legal foundation of the family. It states that it rests on the equality of spouses and allows divorce in accordance with the Law. In that order, defining what is meant by marriage, Family law stipulated in Article 26 that marriage is a voluntary union between a man and a woman, capable of doing business, who come together to live together and share a common life. The aforementioned code does not allow, in what is meant by a married or contractual couple, any other type marriage and thus, categorically, prescribes or prohibits marriage between persons of the same sex (see Article 34, point 1 of the Family Law).

National legislation emphasizes the concepts of husband and wife. Articles 79 and 80 respectively The code in quotation marks so precise. The legal effects of marriage, says the Law, are three: those that relate to the duties between the spouses, that relate to patrimonial regime and what concerns the parent-child relationship (Article 75 C. De la F.).

From a strictly legal perspective, it is clear that no other class or class can be imagined in our legal and constitutional system definition of marriage In other words, the claim that same-sex marriage be recognized and allowed in Panama is not sustainable. Those who do it or celebrate it, knowing the constitutional and legal prohibition, undoubtedly do it knowing that such a union is legally prohibited because there is no legal protection in our country. If it is celebrated, people are no doubt aware that they do not recognize themselves in it our territory and not extraterritoriallygiven that the laws concerning family relations and everything arising from those relations follow the citizen wherever he is.

Articles 6 and 7 Family law refer to this situation. And because of this, it is stipulated that foreign law will not be applied when it is contrary to the public order of Panama or when the application or reference to foreign law constituted fraud on the law that was supposed to regulate the act or Legal relationship.

It is a fraud on the law and that is how it should be, at the time of resolving the claims for unconstitutionality based on Supreme Court against the aforementioned Article 26 Family law, express himself, emphasizing categorically and decisively that it is clear and An obvious fraud on the law.

In another line of ideas, it is not about sweeping interpretations about scope the above-mentioned Articles 57 of the Constitution and 26 of the Code andn quote, but given that these rules are an essential or intrinsic part of Panamanian public order (necessary for peaceful coexistence among all Panamanians), Supreme Court accept the claim of unconstitutionality submitted by the plaintiffs.

There is no such right involved, that is, pretending that marriage is “same equality” is such a problem. Rights have their own specific connotations, and the request to recognize an illegal, illegitimate, unnatural relationship, up to the level of marriage, is not sustainable in our constitutional-legal system. Recommendations from Special Rapporteur for Inter-American Commission on Human Rights Panamanian public order cannot be ignored (Lex foro), except Supreme Court of Justice of Panama.

Finally, note that Article 1106civil code, legal Panamanian morals and public order as a necessary and unavoidable basis for concluding agreements or establishing clauses, pacts or agreements, mandates, in accordance with Article 13 of the same body of regulations, which are the sources Law: laws, customsgeneral legal rules and Christian morality.

In conclusion: Does the Bible and its gospels influence Panama? Of course. It was founded from the beginning of the century The Republic, when Christian morality was established –which postulates marriage between a man and a woman and does not record any other difference”. God bless the Motherland!