https://doi.org/10.21697/im.2018.29.3.06
The presented study includes a detailed analysis of the sentence of the Roman Rota c. Arokiaraj of 6th July 2011 issued in the case of Senogallien which stated the plaintiff's inability to undertake significant marital obligations due to his homosexuality. According to the author, the positive resolution of the rotal turnus was in principle influenced by the consistent opinions of the experts. The diagnoses made by experts were coherent with the image of the person outlined in the statements of the parties and testimonies of the witnesses with whom the plaintiff was associated. In the assessment of the facts, the turnus under the leadership of Xawier Leo Arokiaraj took into account all the evidence.
On the basis of the analysis of the verdict’s content, his editor pointed out that the professed members of the Roman Rota recognized not only primary homosexuality but also dependent personality whose sources they saw in toxic family conditions. Thus, the inability to marry was confirmed not only by primary homosexuality as an autonomous unit but by the combination of the indicated disorders.
Bearing these facts in mind, the author of the study made the following recommendations for the courts of lower jurisdiction: the approach of the experts involved in the cases, if possible, should not be one-dimensional but rather multi-faceted since this point of view will enable them to sketch an integral image of the person.
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