The Junta de Andalucía insists on denying the title of large family to a de facto couple with 3 children

Two sentences have proved this Sevillian family right, but the administration persists and files an appeal before the Supreme Court After requesting it, it was only granted to the father and the children, excluding the mother Difference between de facto couple and marriage Justice, without However, he has proved them right on two occasions. First, it was a court of first instance, in a pioneering sentence in Andalusia. Later, the Superior Court of Justice of Andalusia (TSJA) that once again supported the couple, defending the right of both parents to be recognized as members of a large family “with full effects.” The Andalusian administration, however, he persists in his position and, now, has appealed to the Supreme Court. “We did not expect it. We are very surprised by this insistence because both sentences were very clear and the Board’s position is reiterative, it does not add anything new,” Ocaña explains to NIUS. Until now, the administration’s argument is that “there is no conjugal bond” between the two because it is a de facto couple and not a marriage. This led, at first, to granting the title of large family only to the father and his three children, rejecting that of the mother. “It was even more grotesque. If you have to leave someone out, let them be the father and don’t discriminate against the mother, who is really the only one who has given birth to the three children,” she points out. A fact that he believes was circumstantial since he was the one who filled out the application form. “According to this precept, the large family is made up of one or two ascendants, the latter only when there is a conjugal bond between them, or by an ascendant and the spouse of the same (who is not an ascendant). However “unfair” it may be, it is what the State Law establishes”, they point out in the resource to which NIUS has had access. And they refer to the Andalusian norm, Law 5/2002, of December 16, on Couples in fact, that in its art. 22 provides that “in matters not expressly regulated in this Law, de facto couples will be equated to marriage in the legal relationships that they may establish with the various Public Administrations of Andalusia in their own sphere of competence, with the only limitations that may result. imposed by the application of state regulations”, the order collects. “Given that Law 40/2003 does not contemplate other affective relationships analogous to the conjugal relationship in what refers to the attribution of the condition of beneficiaries of the title of large family , the regional administration cannot equate said relationship to marriage in the matter at hand”, they point out. If the Supreme Court agrees with them, it would establish jurisprudence “They are based on a contradiction between both laws. The regional one recognizes de facto couples for all purposes, while the state one only talks about marriage and they focus on this, ”explains Ocaña, who trusts that, once again, the Justice will prove them right. “If the Supreme dictates a sentence, it would create jurisprudence. It would be the first time that it has ruled on the Large Family card”, he points out. “It is already a matter of dignity”, Ocaña points out after this judicial journey of almost four years. Something that they have been able to face by dedicating themselves both to the legal profession. “This will have happened to many couples, but who is going to get into a lawsuit against the Board for a large family card?”, laments the lawyer. Beyond the benefits that they can get from obtaining the card that, According to the lawyer, “there are few”, from the point of view of material Justice it is very symbolic. “It is a very important step for equality and a recognition of the protection granted by the Law of Large Families to unmarried couples. It is not together that anyone is discriminated against for that, ”he points out.