In some way my personal proposal happens up against the first and you may basic facilities out of matrimony, but even though the audience is in favor of matrimony, as well as fitted of men exactly who create regulations for all of us, we need to silently envision mans correct condition. Taking into consideration you to law comes regarding fact, such men keeps united here to write a structure hence wipes clean the newest problems of history and seeks yet another road for the future, [thus] it is necessary that they judiciously research the newest standards of our own surroundings and started to the conclusion that there are something from inside the our lives and also in our society that we can not inside any way close all of our sight, that we need face valiantly. 51
Hernandez reasoned one to mere legal approve out-of a sexual union could not truly the only facts that a person try an actual and you can moral resident
I have started to new Set-up so you can sparingly guard, for the best of my personal feature, brand new Cuban girl, the new partnered lady, the brand new solitary woman, the new white girl, brand new black woman, girls of all the classes. I must declare that there is a large number of Cuban feamales in tough and humiliating factors, who happen to be due to the fact honorable so that as worthy of merit just like the try other people, that simply as the woman is during the a totally free union, does not mean that people should think about their along with her loved ones immoral. 52
By saying one good disjuncture resided ranging from legislators’ ideals and “personal truth,” Hernandez contended one she try fighting having Cubans who have been maybe not are not considered type sexual propriety and, therefore, was in fact unjustly disenfranchised
Twenty-a couple out of the 60-half dozen Installation participants planning to the fresh new session chosen in order to agree Hernandez’s suggestion. The majority of those who chosen during the favor reasoned so it manage oblige people in consensual unions to fulfill an identical requirements and you may obligations one to hitched people was basically bound to see and you may, therefore, would protect every woman and children. Particularly, progressive Set up user Capablanca debated you to definitely “though it [Hernandez’s modification] seems paradoxical, from the becoming…a strike into the relationships, it’s a shelter from it.” 53 The guy explained, “When men remember that he is guilty of women that have exactly who they have an excellent consensual commitment and also for the students one to impact because of these free unions, they cannot take part in consensual unions but in wedding.” 54 Capablanca represented males due to the fact nearly inherently irresponsible, and you may designed that women called for State defense against him or her. Other people echoed his rationale.
But not, most Installation participants, progressives and you can traditionals, balked from the Hernandez’s suggestion, arguing it was not that lead in order to democratic progress and you will carry out give rights and you will rights to help you undeserving, depraved people. Conventional Installation user Cortina led an excellent competitive struggle against Hernandez’s proposal, framing their dissent just like the a fight to possess modernity, advances, and society. He said that a constitutional make certain to take on consensual unions similar so you can legal marriage ceremonies create basically upload Cuba off into an appropriate road divergent off that of “every gentle regions in the world” and you will “damage…the fresh new matrimonial system, and then make [it] totally ineffective.” 55 Cortina prophesied, “If it amendment have been accepted, we might produce a big distress when you look at the legal married life, and we also manage make outcomes of governmental revolution and therefore you will find only resided as a result of, so you can circles of one’s emotional and you may nearest and dearest life, [sectors] hence don’t need to getting transformed on the radical and you may perturbing manner in which is actually recommended.” 56 To own Cortina, the fresh new 1933 revolution is actually a governmental trend, and you will after that change should simply connect with government: Societal items can be left alone.
