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The Perception of Young People About the Citizens' Initiative to Revise the Constitution for Redefining the Family

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The Perception of Young People About the Citizens' Initiative to Revise the Constitution for Redefining the Family Cross-Cultural Management Journal Volume XIX, Issue 2 / 2017 Teodora Monica FULGA The Bucharest University of Economic Studies Case THE PERCEPTION OF YOUNG Study PEOPLE ABOUT THE CITIZENS' INITIATIVE TO REVISE THE CONSTITUTION FOR REDEFINING THE FAMILY Keywords Citizen initiative, Constitutional referendum, Family, LGBT rights JEL Classification K36, Z12 Abstract The purpose of this research is to reveal the perception of young people about the citizens' initiative to revise the Constitution for redefining the family. The Citizens Initiative, which drew 3 million signatures, was submitted to the Parliament by the Coalition for the Family in order to change article no. 48 of the Romanian Constitution with the formula „Family is based on the freely agreed marriage between a man and a woman on their equality and the right and duty of parents to ensure the growth, education and training of children”. The research highlights the young people's knowledge about this initiative, the perceived activity of the stakeholders, and also their personal way of referring to this initiative as well as the concept itself. 111 Cross-Cultural Management Journal Volume XIX, Issue 2 / 2017 however obtain that the ban is lifted by a decision SECULAR AND RELIGIOUS of the President of the Republic (Braudo, 2017). TERMINOLOGY Marriage is considered by the Orthodox Church to be the oldest institution of divine law, because it In general terms, marriage is a ritual and was instituted at the same time as the creation of contractual union of unlimited or indefinite Adam and Eve (Genesis 2:23, Holy Bible, 2008 duration, recognized and supervised by a legal or a Version). This union was related not only to a religious institution which determines its statute. spiritual communion of the couple (man and The term refers to both the ritual ceremony as the woman) but also to an ability to ensure the union which results from it, and also to the continuity of the human race. That is why the institution defined by a set of rules. The marriage marriage between a man and a woman blessed in establishes the family structures in a society, but heaven has become a Sacrament mentioned in the the forms of it can vary from one society to New Testament when Christ committed „His first another, and sometimes within the same society, in sign” by changing the water into wine at the different aspects regarding: wedding of Cana Galileo, thus revealing His glory • the material consequences of marital engagement (John 2:11, Holy Bible, 2008 Version). The (spouses rights and obligations, divorce mystery of the indissoluble union (Ephesians 5:32, arrangements); Holy Bible, 2008 Version) between a man and a • the conditions that spouses have to fulfill to be woman is the image of the union between Christ married (including the possibility of same-sex and the Church (Basilica, 2016). According to the marriage); writings of the Apostle Paul (Romans 7: 2-3; • the status that society offers (the possibility of Corinthians I 7: 12-15; 39, Holy Bible, 2008 adoption, the legal status); Version), the Church has its own rules regarding • the marriage ritual; conditions (gender differences, legal age, etc.) and • •the associated symbolism (religious or civil impediments (blood or alliance relatives, spiritual marriage, free/arranged marriage, marriage affinity, the existence of a marriage, the difference arranged or mariage blanc, etc.); of religion, etc.) in order to bless a marriage • the social consequences of the union of spouses (Basilica, 2016). (family alliances). The point of view of the Catholic Church is much Positive legal systems do not necessarily provide more restrictive: „Christian marriage is a an explicit definition. This is the case of French sacrament, through which two free people, men and legislation which lists only the conditions, effects women, unite for all their lives, and receive from and end of marriage. From an anthropological point God the grace of fulfilling with faith their debts of view, marriage was described by Claude Lévi- until death” (Pal, 2008). Only for important Strauss as the practical foundation of the family: reasons, church superiors may consent spouses to „The family, based on a more or less sustainable live separated, but they consider that they are still but socially agreed union of two people of different married, and none of them can marry again as long gender who establishes a home, procreates and rise as the other lives (Pal, 2008). Although Pope children” (Hénaff, 1991). The spouses are Francis proclaims respect for any person, individuals of different gender and the relationship particularly referring to a homosexual person, between the genders is never symmetrical (Lévi- whom he does not condemn, but always takes into Strauss, 1948). consideration with pity, he clearly states that The definition given to the marriage by the famous maintaining the family as an institution based on Larousse dictionary establishes the linguistic marriage between man and woman is not a political connotation of the term as a solemn act by which a issue but a matter of "human ecology" because man and a woman (or, in some countries, two "children have the right to grow up in a family with persons of the same sex) establish a union between a father and mother capable of creating an them, whose conditions, effects and dissolution are environment suitable for development and governed by the Civil Code (civil marriage) or emotional maturity of the child "(The Catholic religious laws - religious marriage (Larousse, Church in Ireland, 2017). The Pope also replied to 2017). those who criticize him for not being more open to Serge Braudo's private law dictionary shows that in issues such as same-gender marriage, considering France, previous to the Law no.404 from 17th of that this issue must be discussed in a certain May 2013, marriage was the institution through context, and while "the teaching of the Church is which a man and a woman joined to live together well known , the context is less well known. This and to establish a family. The new act has context is what he calls the „first proclamation”, established the right to same gender marriage. which is the heart of the message of Jesus Christ, Sections 163 and 164 prohibit marriage between the good news of God's saving love, without which collateral relatives, whether they are same-gender „moral and religious imperatives have a much marriages or different sexes. These people may 112 Cross-Cultural Management Journal Volume XIX, Issue 2 / 2017 diminished sense” (The Catholic Church in Ireland, THE INSTITUTION OF MARRIAGE IN 2017). ROMANIA As for Protestant churches, openness for same- gender marriages is growing. Recently, a great The Constitution of Romania (as amended and majority of members of the Synod decided on 11 supplemented by the Law on Revision of the April 2016 that the Norwegian Church (Evangelical Constitution of Romania, No. 429/2003), states in Lutheran) would create a wedding sacrament for Article 48 that „the family is founded on the freely the same-gender couples, after the Conference of consented marriage between spouses, on their Bishops presented on October 2015 a proposal for equality and on the right and duty of the parents to such a decision at the General Council, where 88 of ensure the raising, education and training of the the 115 members of the council voting in favor of children ... Religious marriage can be celebrated it. The Reunion of the Synod of the Church of only after the civil marriage”. Norway, which took place on January 2017, If constitutional provisions can give rise to adopted the new liturgy (Church of Norway, 2017). interpretations, the Civil Code (Law no. 287/2009) A similar situation exists in the other Protestant is much more explicit: Article 259 provides: (1) majority countries; Sweden, Denmark, the "Marriage is the freely consented union between a Netherlands, Iceland. man and a woman, completed under the law. (2) A In Islamic religion, marriage, called in Arabic man and a woman have the right to marry in order nikah, is considered a contract between a man and a to found a family. Article 277: (1) It is forbidden woman in order to form a family. The Union is the marriage between persons of the same gender. considered a religious commitment, men being (2) Marriages of same gender concluded or encouraged to marry as soon as they become contracted abroad either by Romanian citizens or financially stable. According to the Quran, the by foreign citizens are not recognized in Romania. union between a Muslim and a non-Muslim is (3) Civil partnerships between persons of the allowed as long as she is Christian or Jewish, but a opposite or same gender concluded or contracted marriage between a Muslim woman and a non- abroad either by Romanian citizens or by foreign Muslim man is strictly forbidden. As far as citizens are not recognized in Romania. polygamy is concerned, it is tolerated in Islam, so a The history of this issue in Romania begins in man can marry, according to material possibilities September 1993, when the Council of Europe voted and under certain conditions, one, two, three or at in favor of Romania's admission to the European most four women simultaneously (Grigore, 2015). forum, while imposing on the authorities in In Mosaic religion there are no civil marriages, Bucharest „to stop the punishment of because the law establishes that Jewish personal homosexuals”. The government led by Nicolae status is set in accordance with Jewish Hebrew law. Văcăroiu gave this resolution only half, proposing Even in cases where Jews marry under civil law in that Parliament amend the article 200, paragraph 1 another country, for example "marriages in of the Penal Code, which stipulates that „same sex Cyprus", marriages are virtually null and do not relationships are punished by imprisonment from 1 imply any right or obligation related to the to 5 years”.
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