Are bisexuals capable of marriage?

In contrast to heterosexuality and homosexuality, pure bisexuality - that of those individuals who are equally attracted to both sexes - constitutes, by its ambiguity and indeterminacy, a question that is remarkably problematic today, both for the human sciences and for the same Canon Law, when assessing the relevance of this tendency in the matrimonial capacity of the subject.

In our work, we analyze canonical judgments on the bisexual question in the last 30 years, taking into account not only the Roman Rota jurisprudence, but also Spanish, British, Irish, French and Italian courts. From this analysis, it follows that most of the recent doctrinal and jurisprudential approaches to the question lead to the bisexual tendency rooted in predominant homosexuality and, consequently, recognize the invalidating juridical relevance of marriage, while at the same time they point out that mere bisexuality - As homosexual behaviors in a preferably heterosexual subject - is not sufficient to provoke the incapacity of the subject

And, with respect to its incidence in the deliberative and volitional capacity of the subject, there is a practically absolute unanimity in considering pure bisexuality as irrelevant. In our view, however, these approaches, while still being valuable, in a way, leave aside the most relevant psychological characteristics of pure bisexuality, as evidenced by the psychosocial sciences.

According to these disciplines, bisexuality can be attributed fundamentally to two causes: a) In the first place, bisexuality can appear as the result of the pansexualism of a subject whose search for new and varied sexual experiences makes him want the greatest possible variety of partners and Sexual practices.

From this perspective, bisexuality - whether considered as a subtype of sexual hyperesthesia or as a heavily ingrained habit - would undoubtedly be the cause of the inability of the subject to assume conjugal fidelity. B) On the other hand, bisexuality is frequently considered, from a psychological point of view, as a consequence of a detention in the psychosexual development of the subject.

From this perspective, briefly taken into account by doctrine and jurisprudence, bisexuality appears as a symptom of a deep affective immaturity of the subject, which would have been stuck in a state of uncertainty regarding its own sexual orientation. In our view, this immaturity and this psychological indefinition - as long as it is a true bisexuality, and not merely homosexual behaviors of basically heterosexual people - can be the cause of the incapacitated person of the person, as a subject to which they result Indifferent and interchangeable men or women as a loving and sexual object, can hardly assume the totality and exclusivity of the personal delivery that marriage requires.

In these cases, the capacity to assume both the bonum fidei and the bonum conyugum and the consortium totius vitae would be affected. In addition, this deep affective immaturity can seriously affect, in our judgment, the subject's discretion.