Somehow my proposition happens against the basic and you will standard institution away from relationship, but even in the event we are and only matrimony, as is suitable of males exactly who build rules for people, we wish to silently envision mans genuine state. Considering you to law derives regarding facts, these people keeps joined here to type a structure which wipes clean new mistakes of history and you may tries a unique path for future years, [thus] it’s important that they judiciously analysis this new standards of our own landscaping and you can reach the finish that there are things inside the our everyday life along with our world to which we simply cannot in in whatever way intimate all of our vision, we need to face valiantly. 51

By the saying you to definitely a beneficial disjuncture resided ranging from legislators’ ideals and you may “societal fact,” Hernandez argued you to definitely she are fighting to own Cubans have been maybe not aren’t considered to be types of intimate propriety and you can, hence, was in fact unjustly disenfranchised

I’ve reach brand new Set-up to help you meagerly defend, toward best of my function, the latest Cuban woman, the newest partnered woman, the unmarried woman, the brand new light girl, brand new black girl, lady of all kinds. I want to say that there is a large number of Cuban feamales in tough and you will uncomfortable factors, that happen to be while the honorable and also as deserving of merit as the try most other people, that just since this woman is for the a totally free relationship, does not always mean we should consider the woman and her household members depraved. 52

Hernandez reasoned one simple courtroom approve out of a sexual connection you will definitely not truly the only facts that any particular one are a genuine and you will ethical citizen

Twenty-one or two from the 60-half dozen Set up professionals gonna the fresh concept chosen so you can accept Hernandez’s proposal. The majority of people who voted within the like reasoned it would assist boys in the consensual unions to meet up a similar duties and obligations you to partnered people was basically bound to meet and, ergo, manage cover all women and children. Such, progressive Set up user Capablanca argued you to “though it [Hernandez’s modification] appears paradoxical, from getting…a strike towards the marriage, it truly is a safeguards of it.” 53 He informed me, “When males be aware that he’s guilty of people which have exactly who he has a good consensual relationship and for the students that results because of these free unions, they does not do consensual unions however in wedding.” 54 Capablanca depicted people due to the fact nearly naturally reckless, and designed that women necessary State protection from him or her. Anyone else echoed his rationale.

But not, most Set-up members, progressives and you will traditionals, balked in the Hernandez’s suggestion, arguing it absolutely was maybe not that lead so you can democratic advances and you may do grant legal rights and benefits so you can undeserving, depraved customers. Conventional Set up affiliate Cortina provided an effective spirited fight up against Hernandez’s offer, creating their dissent as a combat to possess modernity, advances, and culture. He asserted that a great constitutional make certain to look at consensual unions similar to help you judge marriages do essentially posting Cuba away from on the an appropriate highway divergent away from that of “all gentle countries on the planet” and you may “wreck…the matrimonial program, and then make [it] totally useless.” 55 Cortina prophesied, “Whether or not it modification was in fact acknowledged, we might write a massive confusion inside the courtroom marriage, so we perform grab the outcomes of governmental revolution and this we have only resided as a result of, in order to sectors in our sentimental and members of the family lifestyle, [sectors] hence won’t need to be turned in the revolutionary single men american dating in New York and perturbing manner in which is recommended.” 56 For Cortina, the fresh new 1933 wave was a governmental trend, and you can then change is to merely affect politics: Public products will be leftover alone.