The Constitutional Function of Marriage Between Positive Constraints and Social Evolution

Abstract

This essay analyzes the notion of family as enshrined in Article 29 of the Constitution, beginning with a reflection on the method of legal interpretation and the centrality of this concept within the constitutional order. The proposed reconstruction highlights how the traditional requirements of heterosexuality and monogamy for marriage are not expressly mandated by the Constitution, but derive from historically determined legislative choices. The emergence of new family models therefore prompts a reflection on the compatibility of current legislation with the constitutional principles of equality, freedom, and social pluralism.