To own Hernandez, the one and only thing forgotten regarding respectable consensual unions is actually legitimately joining approve of your own county
Somehow my personal suggestion happens contrary to the earliest and you can important business away from relationship, but in the event we have been in favor of relationships, as it is installing of males who create legislation for all those, we need to calmly thought people’s real state. Considering that laws comes from truth, these males provides united right here to write a constitution and this wipes clean brand new problems of the past and you will tries another type of street for the future, [thus] it is necessary that they judiciously data this new criteria of one’s landscape and you may started to the conclusion there are something for the our life and in our world to which we simply cannot in any way close our very own attention, that people need certainly to face valiantly. 51
Of the saying one to an excellent disjuncture existed ranging from legislators’ ideals and you may “public fact,” Hernandez contended you to definitely she is actually fighting to have Cubans who have been maybe not commonly said to be different types of sexual propriety and you can, for this reason, was indeed unjustly disenfranchised
I have arrived at new Set up in order to meagerly defend, into the good my personal ability, the brand new Cuban woman, the fresh new hitched lady, the new solitary woman, brand new white woman, the brand new black woman, female of all the classes. I have to declare that there are a lot of Cuban feamales in hard and you may awkward circumstances, that are given that respectable and as deserving of quality due to the fact try other female, that simply while the she’s in a totally free relationship, does not always mean we must look into the lady and her friends depraved. 52
Hernandez reasoned that mere judge sanction away from an intimate connection you will not the only facts that a person is actually a proper and you can ethical citizen
Twenty-a few out from the sixty-half a dozen Set up users gonna new lesson chosen so you’re able to agree Hernandez’s offer. A lot of individuals who chosen in favor reasoned this manage assist males for the consensual unions to fulfill an equivalent obligations and you can responsibilities you to definitely married men was indeed destined to satisfy and you may, thus, carry out manage all women and children. Including, progressive Set up user Capablanca contended one “although it [Hernandez’s modification] seems paradoxical, far from getting…a strike on the matrimony 
, it’s a security of it.” 53 The guy explained, “When people remember that he could be accountable for female having whom he’s got a beneficial consensual relationship and also for the youngsters you to definitely influence from these totally free unions, chances are they will not practice consensual unions but in wedding.” 54 Capablanca portrayed people due to the fact almost inherently reckless, and you may required that women expected State protection from her or him. Someone else echoed their rationale.
not, more Assembly people, progressives and you will traditionals, balked at the Hernandez’s idea, arguing it was maybe not conducive so you’re able to popular advances and you can perform give liberties and you will rights to undeserving, immoral customers. Antique Installation associate Cortina added a demanding challenge against Hernandez’s suggestion, creating their dissent since the a battle to possess modernity, improvements, and you will society. The guy mentioned that an effective constitutional guarantee to take on consensual unions comparable so you’re able to judge marriages do generally send Cuba out of on a legal road divergent from that of “all of the humane regions on the planet” and you can “destroy…brand new matrimonial system, and make [it] completely inadequate.” 55 Cortina prophesied, “If this modification was in fact recognized, we would create an enormous frustration when you look at the courtroom wedded life, therefore we do make the effects of political revolution hence we have merely existed as a result of, to circles of one’s sentimental and you will family unit members lives, [sectors] and this don’t need to feel transformed from the revolutionary and you can perturbing manner in which try advised.” 56 Having Cortina, the new 1933 wave are a governmental revolution, and next change is always to simply apply at politics: Societal facts might be remaining alone.