The Right to Marriage. Critical reflections, almost a decade after the ruling on Obergefell v. Hodges

Authors

  • Fernando Simón Yarza Universidad de Navarra

DOI:

https://doi.org/10.18042/cepc/aijc.28.07

Abstract

As we approach the tenth anniversary of the approval of Obergefell v. Hodges and the twentieth anniversary of the Spanish Law 13/2005, the following essay undertakes a critical and incisive reflection on the meaning of the institution of marriage as a presupposition of the fundamental right to marriage. The author focuses on the anthropological foundation that explains the institution, as it has been understood throughout the history of culture until relatively recent times. He compares the conjugal conception of marriage to what he calls the emotivist conception, in order to demonstrate why only the former justifies, strictly speaking, the existence of a specific legal institution.

Published

2024-07-04