Legal Definitions - jus connubii

Jus Connubii

Jus connubii refers to the legal right or capacity of individuals to enter into a valid marriage. It encompasses the legal framework that determines who can marry whom, under what conditions, and the recognition of such unions by the state or a particular legal system. Essentially, it is about an individual's fundamental entitlement to marry and have that marriage legally recognized.

Here are some examples illustrating the concept of jus connubii:

• Example 1: The Right to Marry Across Racial Lines

  In the past, some legal systems prohibited marriage between individuals of different races. When these laws were challenged and ultimately overturned, it affirmed the jus connubii for all citizens, ensuring that racial background could not be a legal barrier to marriage. For instance, the landmark U.S. Supreme Court case Loving v. Virginia (1967) struck down laws banning interracial marriage, thereby upholding the fundamental right of individuals to marry the person of their choice, regardless of race.

  This example demonstrates jus connubii by showing how legal restrictions on who could marry were removed, expanding the legal capacity to marry to all individuals without racial discrimination.

• Example 2: The Legalization of Same-Sex Marriage

  Many countries have recently extended the legal right to marry to same-sex couples. This change represents a significant expansion of jus connubii, granting same-sex partners the same legal capacity and recognition for their unions as heterosexual couples. Before these changes, same-sex couples often lacked the legal right to marry, meaning their relationships were not afforded the same legal status or protections.

  This illustrates jus connubii by highlighting how the legal definition of who can marry was broadened to include a previously excluded group, ensuring equal access to the institution of marriage.

• Example 3: Age and Familial Relationship Restrictions

  Most legal systems impose certain restrictions on marriage, such as requiring both parties to be above a certain age (e.g., 18 years old) or prohibiting marriage between close relatives (e.g., siblings or parents and children). These limitations define the boundaries of jus connubii. While individuals generally have the right to marry, this right is not absolute and is subject to reasonable public policy considerations designed to protect individuals and societal norms.

  This example shows that while jus connubii is a fundamental right, it is also subject to specific legal conditions and prohibitions that determine the valid exercise of that right, ensuring marriages are entered into by consenting adults who are not closely related.