Evolutionary interpretation of the Constitution and legitimacy of the marriage formed by persons of the same sex

Abstract

The legislative decision that opened in our legal system the marriage institution to same-sex couples, allowing child adoption, provoked, at some point, an intense doctrinal debate. If the intention of the Spanish Constitutional Court, through the Judgment 198/2012, that settled the constitutional demand promoted against the cited decision, was to finish those debates, it doesn´t seem that the purpose was achieved. The majoritarian option dealing with an evolutive interpretation of the Constitution, or the reasons given in the dissent opinions, brought new considerations, like the ones given in this paper.