Hernandez reasoned you to simple legal sanction out of an intimate partnership you can expect to never be the sole proof that any particular one is a real and you may ethical resident
For some reason my personal suggestion happens from the basic and you may simple organization out-of wedding, however, regardless if the audience is and only marriage, as it is fitting of males whom make rules for all of us, we should silently imagine people’s correct problem. Looking at you to legislation derives off truth, this type of guys has actually joined right here to type a structure and therefore wipes clean the new errors of the past and you will aims a special highway for the future, [thus] it is necessary which they judiciously investigation brand new standards in our land and come to the conclusion there exists things when you look at the our lives as well as in our world that we cannot into the in whatever way intimate our eyes, that individuals need certainly to face valiantly. 51
Because of the saying you to a disjuncture existed ranging from legislators’ beliefs and “personal facts,” Hernandez argued you to she is actually attacking to have Cubans who were maybe not aren’t said to be type intimate propriety and, ergo, was unjustly disenfranchised
We have arrived at brand new Assembly so you’re able to modestly defend, toward best of my ability, brand new Cuban girl, this new hitched girl, the single lady, the newest light girl, the black colored lady, women of all of the classes. I have to say that there are a great number of Cuban women in hard and humiliating circumstances, who are just like the respectable so that as worth merit once the is most other women, that just as the she is inside a free commitment, doesn’t mean that individuals should think about this lady along with her relatives immoral. 52
Twenty-several out of the 60-six Assembly members planning to brand new concept https://datingmentor.org/tr/older-women-dating-inceleme/ chosen to help you accept Hernandez’s proposal. Much of people who voted inside the favor reasoned which perform oblige people inside consensual unions in order to satisfy a similar obligations and you may responsibilities you to definitely married men were bound to meet and you can, hence, manage cover all women and children. Such as for instance, progressive System associate Capablanca contended one “although it [Hernandez’s modification] appears paradoxical, from becoming…a hit on matrimony, it’s a security from it.” 53 The guy explained, “When men know that he could be responsible for lady that have who he has got a good consensual commitment and also for the students that effects from all of these free unions, then they does not practice consensual unions in marriage.” 54 Capablanca illustrated men as the almost inherently irresponsible, and you will created that ladies needed County defense against them. Anyone else echoed their rationale.
Yet not, the majority of System people, progressives and you will traditionals, balked at the Hernandez’s suggestion, arguing it absolutely was perhaps not that lead so you can democratic progress and you will do offer liberties and privileges so you can undeserving, immoral people. Conventional Construction user Cortina provided a great competing endeavor up against Hernandez’s proposition, shaping his dissent as a battle for modernity, improvements, and you will society. The guy asserted that a constitutional make certain to consider consensual unions comparable so you can judge marriage ceremonies carry out essentially posting Cuba regarding toward an appropriate road divergent out of that of “all of the civilized places in the world” and you will “wreck…the fresh new matrimonial program, and also make [it] completely ineffective.” 55 Cortina prophesied, “If this modification was recognized, we possibly may create a massive misunderstandings in the courtroom married life, therefore perform do the effects of your political revolution which i’ve simply resided as a result of, so you can sectors in our emotional and friends life, [sectors] and therefore don’t need to be switched throughout the radical and you can perturbing way that was advised.” 56 For Cortina, new 1933 trend are a political revolution, and you will subsequent change should just apply to government: Public facts will be remaining alone.