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"marriage" between persons of the same sex

(report to Commission General Legislation Senate Nation )

Jorge Horacio Gentile *

I assume that t ll human beings have been created equal in dignity and rights, to image and likeness of God, the Creator and we are children and heirs of heaven, so we reject all forms of discrimination, especially those that may affect homosexuals. I also think, as stated in Catechism Church Catholic , there are men and women: "I do not choose their homosexual condition. (... and ) must be accepted with respect, compassion and sensitivity. Be avoided, for Every sign of unjust discrimination. "

But at the heart of the parliamentary agenda the government has set up another issue that divides Argentina : The marriage between same sex. The House of Deputies passed an amendment to the Civil Code which allows, by substituting the expression: "man and wife" or "spouses" by "contracting " and extended to same-sex couples the right to adopt.

This is contrary to marriage as a natural institution, which aims: the love between husband and wife, procreation, preservation of the species, breeding, care, maintenance and education of children. And is not consistent with the meaning of the word marriage, according to the Dictionary English Language , is: Union of men and women agreed with certain rites or legal formalities. " The Latin expression matrimonium comes from Matrem (mother) and monium (quality).

While Dalmacio Velez Sarsfield by that which by law must not be defined , not define marriage ended in drafting the Code Civil: no doubt or question that concerned the union of man and woman. When the divorce law passed, 23,515, I made explicit by saying: "It is essential for the existence of the marriage the full and free consent given personally by men and women (...)" (art. 172 Civil Code).

President Hipólito Yrigoyen , in the same direction and with a bill of divorce, said " ethical The family that comes from our ancestors has been the cornerstone on which is founded the greatness of the country, that marriage, as it is precepts, preserved in our society strong reputation for moral and legal rules which it rests. Every innovation in this sense can determine transitions that are so deep denial of what attributes are its most expensive. VH so, you must meditate very deeply to see whether it is the powers of the powers that be, vital reforms of significance or whether they belong to the constituent. Not enough that the marriage is governed by the Civil Code to conclude that it is subject to change in its essence by simple legislative act. " [1]

same concept of marriage found in the Constitution , as amended by Peronism in 1949 , when Article 37 II said: "(...) L a family as the primary nucleus and fundamental unit of society, will be preferred by the state protection, that recognized their rights with respect to its constitution, defense and fulfillment of its purposes. 1. The State protects marriage, ensuring the legal equality of spouses and custody. (...) 4. The attention and care of the mother and child enjoy the special and privileged consideration of the State. "

UNCONSTITUTIONALITY

But the project, which the Senate debate, in addition to counter the natural and institutional meaning of marriage is contrary to the Constitution amended in 1994, which declared constitutional status (Art. 75, 22) the following international human rights instruments, when they have:

· In the Universal Declaration Human Rights : "Men and women , from marriageable age have the right, without any limitation due to race, nationality or religion, to marry and start a family, and enjoy equal rights as to marriage, during marriage and upon dissolution of marriage. "(...) The family is the natural and fundamental society and is entitled to protection by society and the state. "( Art. 16).

· In the American Convention Human Rights : "1. The family is the natural fundamental unit of society and should be protected by society and the state. 2. It recognizes the right of men and women to marry and to found a family shall be age and conditions required by domestic laws, insofar as they do not affect the principle of nondiscrimination established in this Convention. " (Art. 17).

· In International Covenant on Civil and Political Rights : " The family is the natural fundamental unit of society and is entitled to protection by society and the state. " (Art. 23 ).

· In International Covenant on Economic, Social and Cultural : "should be accorded to the family, which is the natural fundamental unit of society, the widest possible protection and assistance, particularly for its establishment and while it is responsible for the care and education of dependent children. (...) Should be given special protection to mothers for a reasonable period before and after delivery. During this period (...). " (Art. 10)."

· The Convention on Elimination of All Forms of Discrimination against Women : (...) to eliminate discrimination against women in all matters relating to marriage and family relations and in particular to ensure, on condition of equality between men and women: (...) g) The same personal rights between husband woman , including choosing the name, profession and occupation . (...) (Art. 16)

Neither Congress by law, or a referendum (Article 40 of the Constitution and 1 Law 25,432), it can reform, integrating the Constitutional Bloc. To report these international treaties should do the Executive, following approval by two-thirds of all members of each House of Congress (art. 75, 22). The bill approved by the House of Deputies is therefore unconstitutional.

In support of this project said, forcing the wording of the provisions, that those standards do not address the marriage of man and woman , but the men and women , and to be understood as encompassing the same sex. But that does not agree with the statement of other rights that are declared in the same, which are attributed to the person always and only refers to " men and women " when comes to marriage. In the 30 articles of Universal Declaration only when it comes to marriage using the formula " men and women "the rest is concerned, the positive, "All human beings," "Everyone" "Everyone" "Everyone" "Everyone", "The rights of man" , " Parents "and, on the negative," No " .

The largest Constitutionalists of our generation, J. Germain Bidart Campos, when he wrote, commenting on the Pact of San José de Costa Rica, said: "operationally Paragraph 2 recognizes the right to marry. Here it focuses a subjective right of every person - man and woman for marriage, so that the rule would not cover unions between same sex. Indeed, even if not said that the law is to marry "each other" (the man and woman), we of course that's the meaning of the clause, and that the design was not intended to give the extent that "men and women" securitize the right to marry not "together" but the man with another man and a woman to another woman. " [2]

addition, international instruments, they emphasize that: "The family is the natural element fundamental unit of society" , which is denied in the project that aims to turn marriage into a mere contract. When mentioning " The parents " in Declaration Universal , if we suggesting Dictionary Language English the meaning of expression Father plural, indicates that it is: " The padre y la madre ” . Cuando se habla de la protección que merecen las “ madres (…) antes y después del delivery "in International Covenant on Economic, Social and Cultural , he is referring to something is impossible to give same-sex, not being able to engender.

The impediments marriage set in Civil Code as consanguinity between ascendants and descendants without limitation, and between siblings and half siblings, and affinity in a straight line in all grades (art . 116 paragraphs 1, 2 and 4), are meaningful in heterosexual marriage, but no sense in same-sex couples, it is impossible including natural procreation, and may even be labeled as discriminatory, for those affected by their disabilities and belong to the same sex, should be this absurd equation. The duty of mutual fidelity, under Article 198, and the cause of separation for adultery, established in paragraph 1 of 202 of the Civil Code do not have the same sense as the union between persons of the same sex, in marriage.

Civil Union

If we consider that in our society there are same sex, homosexual or not, who voluntarily want to live together and assist one another, permanently, is that, without changing legislation on marriage and unreformed the Constitution , you could create by law a kind of partnership or civil union , Understanding them , to regulate the effects of economic issues, room, social work and inheritance that may arise between those who part of it.

regime adoption , governed by the principle of best interests is not necessary to change since the Current allows people to adopt are not united in marriage.

Fernando Savater has written "It is said that all cultures are equally valid and that there are some better than others. I think that's not true. The culture that includes greater than that excludes, culture that respects and understands me seems to be higher than hostility to the different feel, the living culture in the plural forms of love, pray, think or sing takes precedence over which is entrenched in harmony with unanimous and confused uniformity " .

Article 11 of the Constitution of City Autonomous of Buenos Aires has declared it " right to be different , not admitting discrimination that tend to segregation for reasons or grounds (...), sexual orientation, (...) " in order to recognize, among others, the rights of homosexuals - whom they have been socially discriminated unfairly hard long time - noting that interpretation of the principle of equality before the law proclaims "equal among equals in the same circumstances ." But in that project debate when it attempts to regulate marriage between persons of the same sex violates the rights to the equipment, which is distinct and different, such as marriage with civil unions for same-sex, and replace the condition natural and legal father or mother, husband or wife, with the single " contracting." The law seeks to punish, then, also suffered this right to be different.

Bidart Campos has said about that: "(...) to support the union gay is not equal to the conjugal union of man and women, we are not thinking about what can or can not do sexually with each other the same sex and opposite sex. That distinction does not concern us, because it makes everyone's privacy. But the difference biological and organic - and coexistence - between men and women away about how it seemed that there may be between marriage and homosexual marriage goes beyond sex, because it extends to the aforementioned personal role, mode of being and living, and personal identity also gives them support and has the imprint of one's personal sex. " [3]

For the foregoing reasons, and I request that the project, as is proven of deputies, should be rejected by the Senate.

Cordoba, June 2010.

* is Professor of Constitutional Law at the National and Catholic University of Cordoba, Academic corresponding Academy National Moral and Political Sciences and was a member of the Nation. Blog : jorgegentile.com /

---

[1] From: "Law 12. 839. Documents Hipólito Yrigoyen. Apostolate Civic. Work of government. Defense before Court "Buenos Aires, Senate of Nation , 1986 by Norberto Padilla
" Some considerations on the introduction of marriage between same-sex" presented at the Institute of Constitutional Law Academy National Moral and Political Science, "the May 20, 2010.

[2] Bidart Campos, J. Germain Elementary Treatise Argentine Constitutional Law, Volume III, p. 493, Ediar, 1995, quote from the aforementioned work of Norberto Padilla.

[3] El Derecho 164 - 723

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It's Over, Debbie

The call came in the middle of the night. As a gynecology resident rotating through a large, private hospital, I had come to detest telephone calls, because invariably I would be up for several hours and would not feel good the next day. However, duty called, so I answered the phone. A nurse informed me that a patient was having difficulty getting rest, could I please see her. She was on 3 North. That was the gynecologic-oncology unit, not my usual duty station. As I trudged along, bumping sleepily against walls and corners and not believing I was up again, I tried to imagine what I might find at the end of my walk. Maybe an elderly woman with an anxiety reaction, or perhaps something particularly horrible.

I grabbed the chart from the nurses station on my way to the patient's room, and the nurse gave me some hurried details: a 20-year-old girl named Debbie was dying of ovarian cancer. She was having unrelenting vomiting apparently as the result of an alcohol drip administered for sedation. Hmmm, I thought. Very sad. As I approached the room I could hear loud, labored breathing. I entered and saw an emaciated, dark-haired woman who appeared much older than 20. She was receiving nasal oxygen, had an IV, and was sitting in bed suffering from what was obviously severe air hunger. The chart noted her weight at 80 pounds. A second woman, also dark-haired but of middle age, stood at her right, holding her hand. Both looked up as I entered. The room seemed filled with the patient's desperate effort to survive. Her eyes were hollow, and she had suprasternal and intercostal retractions with her rapid inspirations. She had not eaten or slept in two days. She had not responded to chemotherapy and was being given supportive care only. It was a gallows scene, a cruel mockery of her youth and unfulfilled potential. Her only words to me were, "Let's get this over with."

I retreated with my thoughts to the nurses station. The patient was tired and needed rest. I could not give her health, but I could give her rest. I asked the nurse to draw 20 mg of morphine sulfate into a syringe. Enough, I thought, to do the job. I took the syringe into the room and told the two women I was going to give Debbie something that would let her rest and to say good-bye. Debbie looked at the syringe, then laid her head on the pillow with her eyes open, watching what was left of the world. I injected the morphine intravenously and watched to see if my calculations on its effects would be correct. Within seconds her breathing slowed to a normal rate, her eyes closed, and her features softened as she seemed restful at last. The older woman stroked the hair of the now-sleeping patient. I waited for the inevitable next effect of depressing the respiratory drive. With clocklike certainty, within four minutes the breathing rate slowed even more, then became irregular, then ceased. The dark-haired woman stood erect and seemed relieved.

It's over, Debbie.

--Name withheld by request

From A Piece of My Mind , a feature in the Jan. 8, 1988, issue of JAMA (Vol 259, No. 2). Edited by Roxanne K. Young, Associate Editor.

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Recommendation: Do Cordoba n º 138


Recomendamos adquirir el nº 138 de la Revista FORO DE CÓRDOBA, que contiene several articles:

- Apostille Consumer law practice (Tinti and Calderon)

- "Gay Marriage" (Fragueiro)

- Limitation on the D. Tax (Tinti, father)

- Medical Liability (Bush)

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A "target" in Florida, a dream "surreality"

I have to admit: The U.S. has never been my favorite country for tourists, except New York, that goes beyond the cliché "American" almost to the point of feeling that you're abroad, and, at times, New Orleans. For the rest, almost everything seems a "fake , if I may use Spanglish. Castles lie, lie animals, fake food, fake stories, fake culture.

What can I say? I Europhile. I'd rather watch the Monaco Palace on the Rock the Sleeping Beauty Castle. Do not change my beloved and chaotic Rome by the gringos downtowns, a replica of each other. Malls and giant retailers to exploit the cards instead of pop art and history for the senses, tasteless food adulterated based on sodium, sugars and fats in restaurants in big letters and bright colors produced in mass instead of flavors addition to satisfying the palate, nourish the soul.

Yes, of course there are natural wonders like the Grand Canyon or Niagara Falls. Is Orlando and surrounding areas for children (and adults too). I'm not going to stubbornly deny the parks since it is always a good roller coaster tasty. Nor will I ignore the Coast West. San Francisco, with its " Painted Ladies", tram, Chinatown, the Golden Gate Bridge and Alcatraz, and Los Angeles for fans of Hollywood, its industry and its celebrities ... uh, but ... What apart from that what else is there? There's more. Looking

can get around the "Americanism" and find treasures unknown to the natives themselves (and this epithet I meet, mix and shake in the same pot white people, black, hispanodescendientes, born eurodescendientes and anydescendientes all 50 states and DC vast empire). I found one here in Florida, land of beach, party, swamps, retired old men, Hispanic and theme parks.

Did you know that in St. Petersburg, a city to the sides of Tampa, is a Dali museum which houses the second largest collection of works by English artist after his Theatre-Museum in Figueras, Spain? Quite a surreal discovery! This museum, officially called the Salvador Dalí Museum, contains over 1500 pieces of the Catalan genius, including 96 paintings and 100 watercolors and drawings, which were part of the private collection of Albert Reynolds Morse and his wife Eleanor, who after acquiring in 1942 a first painting of my venerated forever Dali became his friends and patrons.

Museum opened in 1982 and mid 2008 began construction of a new building, designed by architect Yann Weymouth, which will house the extensive collection. Weymouth worked with Ieoh Ming Pei, one of the great masters of modern architecture, who counts among his creations with the design of the Pyramid of the Louvre in Paris. Hope that this new museum (opening scheduled for next year) to become an icon of the city. Here can know more about this project that brings the message "surrealising the dream" and here about the collection on display in the current museum.

Walt Disney and Salvador Dali once joined his intellect and genius. In 1945 it began production of an animated short film, fathered by these two masters of fantasy and surrealism, could not help us fly the senses. But this dream came to life and was sketched by the financial difficulties of the time until in 1999 it returned to Disney's nephew and made it happen 58 years later. Thus, "Destino" premiered on June 2, 2003. My conclusion: Fantasyland also dreams surrealising and the land of Mickey and Shamu Dalí gave me a lot, almost year after visiting Figueras.

gift I leave the short destination for those who have not seen or just to see him again. Enjoy!

http://www.youtube.com/watch?v=UzzZa5o1q5k