Debate on Marriage Comes Out of Cuba's Constitutional Universe

The draft Constitution of Cuba will not define which persons integrate marriage, so that discussion is out of the constitutional universe, said here the Secretary of the Council of State, Homero Acosta. Before the National Assembly of People's Power, Acosta explained on Tuesday the new draft to be submitted to the MPs for approval in the next few days, will not specify who composes the marriage, an issue that motivated the attention of the people al over the country.

The law will later define how the marriage will be constituted, who will be the subjects, what the obligations will be, as well as the requirements, the parliamentarian clarified by stating that this criterion takes into account the most diverse opinions gathered in the popular consultation process held from August 13 to November 15.

According to Acosta, 'this issue will have to be clarified through a popular consultation and referendum when the Family Code is discussed, for which the eleventh transitory provision establishes a two-year period for the Assembly to initiate the whole process.

So the controversial article 68 - which proposed changes in the institution of marriage by defining it as the union between two persons (the current one establishes between a man and a woman) - disappears to give way to the creation of a chapter only for the family.

This section accumulated more than 192,000 opinions out of 783,000 proposals, which represents 24 percent.

The majority of the criteria (more than 176,000) - Acosta clarified - coincide in maintaining what is established in the current constitution, that is, to be reflected in the constitution the concept of marriage between a man and a woman.

After analysis by the drafting committee, Article 82 now defines marriage as 'a social and legal institution. It is one of the family's forms of organization. It is based on free consent and on the equal rights, obligations and legal capacity of the spouses. The law determines how it is constituted and its effects'.

The text recognizes the marriage of facts, the stable and singular with a legal attitude to form a common life project under conditions and circumstances indicated by law generates the rights and obligations it provides.

The Cuban parliament delivered to its members the document enriched with the opinions gathered in the process of popular consultation for its study during two days.

On Friday, the second ordinary period of the 9th Legislature of the National Assembly of the People's Power will be held and the parliamentarians will have to pronounce on the new project, which if approved the State Council will call for a constitutional referendum.
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