The marriage in general lines is the formal, spiritual and legal union of a man and a woman promoted for the love they feel for each other, however some points of this simple definition can change from person to person, and from country to country.
In our legislation it is regulated from the 11th article ahead in our family code, and it says that It is the legal union between a man and a woman, with the objective of establishing a complete and permanent life community.
The constitution in the article 32 says that the family is the base of the society and will be protected by the state, the legal base of the family is the marriage that rests in the equality of the spouses, and says that the marriage will be promoted by the state however the lack of it shall not affect the rights in favor of the family.
In April two thousand fifteen the legislative organ made an agreement for reforming the constitution, the objective of this action was to state more clearly that the marriage in El Salvador must be only between two people who were born of different gender.
The reform textually says “Art. 32.- the family is recognized as the fundamental base of the society and will be protected by the state, who shall protect it and shall dictate the necessary legislation and shall create the appropriate institutions and services for its integration, well being and the social, cultural and economical development.
The legal base of the family is the marriage and it rests in the juridical equality of the spouses. Shall be able to get married the man and the woman born like that.
Who fulfills the established conditions by the law. The marriages between people of the same gender celebrated and recognized under the laws of other countries and other kind of unions which don’t fulfill with the established conditions by the Salvadoran juridical order, shall not be valid in El Salvador.
The state shall promote the marriage, but the lack of it shall not affect the rights established by the law.
However this has been kept in the files and the reform hasn’t been done yet.
The position of the church and of a big part of our society is that the marriage between two persons of the same gender shouldn’t be allowed in spite of the fact that the constitution in the article three says that all the people shall be equal under the behalf of the law for enjoying the rights and it restrictions are not based in differences of race, gender or religion.
Another position of the church about the marriage, is that it must be forever, however for the law, there is an exit door; it is common to know that a marriage has been broken and the divorce is in progress at the tribunals.
The marriage can be dissolved for two reasons, one is for the death of one of the spouses and the other is for divorce article 104 of the family code; the motives of the divorce are three according to the article 106 of the family code:
- Mutual consent of the spouses.
- The spouses separation during one or more consecutive years
- When the common life of the spouses is intolerable. This situation happens when there is a serious or repetitive non compliance of the obligations in the marriage, obvious misbehavior in one of them or any other serious similar fact.
In the next deliveries we will talk about the rights and the obligations in the marriage, property regimes and the advantages or disadvantages of selecting any of them.
Si deseas citar este artículo, hazlo así:
AVENDAÑO, MARCELO. “UNIONS OF SAME GENDER. IS A VALID MARRIAGE IN EL SALVADOR?”. Publicado en la Revista Jurídica Digital “Enfoque Jurídico” el 01 de junio de 2015. http://www.enfoquejuridico.info/wp/archivos/2959