Civil marriage after religious freedom in the Spanish Democratic Sexenium: from a factual situation to a reality law

Abstract

Under the provisional government of the democratic sexennium, the legislative desire of liberal influence promulgated, among others, the provisional law of compulsory civil marriage of June 18, 1870 preceded by an important constitutional reform in religious matters.

Once freedom of worship was proclaimed, civil marriage was de facto imposed by the revolutionary juntas. After the new but ephemeral law, civil effects were given to the unions officiated in the municipalities, and despite its brief validity, it will be a reference for the promoters of the Civil Code.

For this the relationship between the stare and the church is analyzed after the September Revolution, through the study of the press and the parliamentary debates of article 21 of the Constitution of 1869 with which  the secularization of marriage is reached with the approval of the law of June 18, 1870.  

Political opportunism evidenced the essay that the law supposed: compulsory civil marriage became law and canonical marriage became custom in the face of the non-observance of a people of Catholic tradition.