Civil Divorce and Religious Freedom

Cite as: 20 Ateneo L.J. 46 (1976)
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Civil Divorce and Religious Freedom

Joaquin G. Bernas, S.J.

20 Ateneo L.J. 46 (1976)

Subject(s):        civil divorce and religious freedom

Keyword(s):     divorce, religious freedom

The Article examines the issue of divorce on two aspects: (1) the Catholic Church’s teaching on the indissolubility of marriage; and (2) the Philippine law on civil divorce. It also seeks to analyze the extent to which moral law should be reflected in civil law. This discussion is done in light of the Declaration of Religious Freedom by the Second Vatican Council and its relation to public order and the common welfare of the society. It must be noted, however, that the Article does not attempt to gauge the rightness or wrongness of both the moral and the civil law, but merely tries to find a balance between the constitutional mandate of religious freedom vis-à-vis the power of the law.




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