Hernandez reasoned one mere court approve out-of an intimate relationship you will not be the sole evidence that any particular one is a proper and you will moral resident
For some reason my personal proposition goes resistant to the first and you can simple establishment away from relationships, but even when our company is in favor of wedding, as it is suitable of men which create guidelines for people, we wish to quietly consider people’s correct disease. Taking into consideration you to definitely law derives of truth, this type of men possess joined here to type a composition hence wipes brush the new mistakes of the past and tries an alternative street money for hard times, [thus] it is necessary which they judiciously studies new requirements of our own surroundings and you can arrived at the end there are some thing in the our life plus our world that we simply cannot during the in any manner romantic all of our vision, that we need certainly to face valiantly. 51
Of the saying one to a beneficial disjuncture lived between legislators’ ideals and you will “public facts,” Hernandez debated you to definitely she try assaulting to have Cubans who have been not commonly reported to be different types of sexual propriety and you can, hence, have been unjustly disenfranchised
I have reach brand new System so you can moderately safeguard, with the good my element, new Cuban lady, the fresh married girl, brand new solitary lady, the latest light woman, the new black colored girl, women of all of the classes. I have to declare that there is a large number of Cuban feamales in tough and you can humiliating circumstances, who will be just like the honorable so when worth merit since is actually most other ladies, that just as this woman is into the a free of charge partnership, does not always mean that individuals must look into the lady and her members of the family immoral. 52
Twenty-several from the 60-half a dozen Construction people planning brand new session chosen to approve Hernandez’s proposal. Most of individuals who chosen in choose reasoned which manage assist men into the consensual unions to meet up a comparable responsibilities and you will obligations you to definitely hitched boys was basically destined to meet and you can, therefore, carry out cover every woman and kids. Including, progressive Construction member Capablanca contended one to “although it [Hernandez’s modification] seems paradoxical, from the being…a strike into the relationship, it really is a cover from it.” 53 He explained, “Whenever men know that he could be guilty of female with exactly who he has got an excellent consensual connection and also for the people one to results from all of these free unions, they will not participate in consensual unions but in matrimony.” 54 Capablanca portrayed men since nearly naturally irresponsible, and you may implied that women called for State defense against her or him. Others echoed their rationale.
not, more Construction players, progressives and you may traditionals, balked during the Hernandez’s suggestion, arguing it was maybe not conducive in order to popular improvements and you may create offer rights and you can privileges so you’re able to undeserving, immoral residents. Conventional Assembly associate Cortina contributed an effective competitive fight against Hernandez’s offer, creating his dissent due to the fact a battle for modernity, advances, and you will culture. The guy mentioned that an excellent constitutional be certain that to take on consensual unions equivalent in order to courtroom marriage ceremonies would generally send Cuba off to your a legal road divergent regarding compared to “all of https://hookupsearch.net/casualdates-review the gentle places in the world” and you will “destroy…the brand new matrimonial program, and come up with [it] totally inadequate.” 55 Cortina prophesied, “Whether it amendment was basically acknowledged, we would develop a huge confusion inside court married life, and then we would use the effects of your own political wave and this i have simply resided courtesy, so you can groups of our sentimental and you will members of the family existence, [sectors] and that don’t need to end up being switched in the significant and you can perturbing method in which is proposed.” 56 Getting Cortina, brand new 1933 revolution is actually a political wave, and you may subsequent reform will be simply connect with politics: Public items are going to be left by yourself.