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Dublin: 8 °C Thursday 23 May, 2013

Labour publishes draft law to allow same-sex civil marriage

Ivana Bacik and by-election candidate Eoin Holmes publish a bill which removes the same-sex ban on civil marriages.

Ivana Bacik says she does not believe the constitution currently forbids same-sex marriage, and that it could be permitted through legislation alone.
Ivana Bacik says she does not believe the constitution currently forbids same-sex marriage, and that it could be permitted through legislation alone.
Image: Mark Stedman/Photocall Ireland

LABOUR HAS PUBLISHED legislation which, if enacted, would permit civil marriage for same-sex couples.

Labour’s Seanad leader Ivana Bacik and Eoin Holmes, who is running in next week’s by-election in Meath East, launched the Civil Registration (Marriage Equality) Bill today.

The legislation proposes to change the existing law surrounding civil marriages, removing a clause which explicitly forbids same-sex couples from availing of a full civil marriage.

An existing law from 2004 says there is an impediment to marriage if both parties are of the same sex – a clause which the Labour members propose to remove. The existing impediments – such as either party being under the minimum age, or already married – would remain in place.

Bacik said the proposals would help to achieve equality between opposite sex and same-sex couples.

The Constitutional Convention is due to examine the issue of same-sex marriage at a hearing next month, ahead of a possible recommendation to amend the constitution so that there is no impediment to full marriage between couples of the same sex.

Though the constitution does not explicitly define marriage as being between a man and a woman, there is divided opinion among legal scholars as to whether the role it gives to ‘the family’ could mean an implicit definition.

Marriage is described as the institution “on which the Family is founded”, and the family in turn is described as “the natural primary and fundamental unit group of society”.

“With the Constitutional Convention considering the issue of marriage equality in April, this Bill provides a simple method for removing the statutory obstacle so as to help enabling that to be achieved,” Bacik said today.

Earlier this month the justice minister Alan Shatter said the constitution’s acknowledgement of marriage meant it would be illegal to extend the provisions of same-sex civil partnership to heterosexual couples.

This was because giving straight couples some of the protections already available to them through marriage, without the obligations of entering a marriage in the first place, would be a breach of the State’s constitutional duty to defend the institution of marriage in the first place.

Read: ‘Unconstitutional’ to grant civil partnership to heterosexual couples

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Comments (68 Comments)

  • Remove the clause. If you don’t believe in same-sex marriage, just don’t get married to a person of the same sex. Simples.

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  • There have been too many times in the past where parties have released draft legislation to gain support just before elections and then forgotten about it. Labour need to stay true to this legislation and fight for its implementation.

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  • Ireland is so behind the times when it comes this issue. What harm can it be? #2013

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  • While in favour of this and further legislation to allow equal marriage rights, this also seems to have been timed to boost their candidate in the by-election.

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  • Same sex families exist in Ireland. The fact that Irish law doesn’t view them as a family and leaves them in a legal limbo is completely wrong.

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  • It’s a start, but it still wouldn’t encourage me to vote for a party which has Gimmemore, Grabbitte and Stagg among it’s members.

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    • This comment & many below are predicated on a pretty strange premise: that supporting same sex marriage is a vote winner in East Meath. I would suggest a). It’s not in a conservative constituency like that and b). That very presumption demonstrates perfectly the bias through which people on here view practically everything this Government does.

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  • Charges of Labour ‘only looking for votes’ in 3….2…1..

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  • It is interpretation of the wording used within the constitution that bans same sex marriage, and not the constitution itself.

    Why should 21st century people be bound by the interpretation of the wording used in a 20th century document?

    Put it to a referendum, and keep going until it has passed. After all we did that with Divorce (twice), Nice (twice) & Lisbon (twice).

    Or does equality only apply to heterosexuals and the Government as long as we vote the way they want?

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  • Nice to see that opponents to same sex marriage are resortin to the red thumbs rather than regurgitating their usual ridiculous arguments.

    oooohhh, but same sex marriage will destroy the family? How? Because gays can’t have babies. WTF?

    then the slippery slope fallacy….

    ooohhh, same sex marriage will lead to people marrying goats. These people are imbiciles.

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  • As ever Ivana Bacik is championing the cause of equality and fairness!
    As a woman in a loving and committed relationship with another woman I look forward to the day we can formally register our commitment. Make civil marriage available to all!

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  • Ah Here 19/03/13 #

    What a weird country we would be if they legalised gay marriage but a suicidal rape victim still couldn’t get an abortion. Fair play to Labour though. Can’t wait to hear all the hypocritical bullsh1t arguments from the bible bashers.

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  • Oh my god. You could knock me down with a rock. Labour comes out in favor of same-sex marriage. Right after half of the right wing republicans in the US issue similar fatwahs.
    Labour may not get it first, but they try to get it right. LOL. The party of progressive thinkers…

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  • I wonder does Ivana think Lowery would vote for same sex marriage after all they joined coalition as they shared the same values.

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  • Eoin Holmes would be better off condemning the Property/Bondholder tax than jumping on the same-sex bandwagon for cheap publicity. Just another silly PR stunt from the less than 10% party.

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    • In fairness the Labour Party has always being for equal marriage, so they aren’t jumping on any bandwagon, and they did bring this draft legislation before the Seanad before the writ was moved minus Holmes cos he’s only a councillor

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  • The bill would only remove the statutory hurdle to marriage equality. The High Court has ruled that it’s unconstitutional- this bill doesn’t change that.

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    • Has it?

      (Honest question – I couldn’t find any Irish jurisprudence on it when I was putting this piece together.)

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    • No, but the Supreme Court did rule that a lesbian couple (pre civil partnership) were not a “family” within the meaning of the Constitution. McD v. L (2009)

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    • Zappone & Gilligan v Revenue Commissioners. Judge Dunne said that marriage, as envisaged by the framers of the Constitution, didn’t extend to same-sex couples. Her argument was absolutely riddled with holes though.

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    • @Patrick – That’s not the same thing as saying that same-sex marriage is unconstitutional. The Zappone judgment only says that it is not protected by the Constitution, not that the legislature could not provide for same-sex marriage if it wanted to.

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    • The High Court ruling in the Zappone/Gilligan case is pretty shaky. It’s certainly not an unassailable barrier to introducing this legislation.

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    • In Zappone 2006, Dunne said that there is no constitutional provision that would mean marriage between a same-sex couple should be recognised, and said that it was a matter for legislation. She reference the fact that Dáil had added the prohibition into law in the Civil Registration Act 2004. As far as I know, she did not say that the constitution prohibited it, and no court has ruled on this specific question.

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  • Legislation for Same Sex Civil Marriage in a Republic, such as Ireland, is about extending full and equal formal citizenship to every adult person, irrespective of perceived difference.

    In essence, the legislation of Same Sex Civil Marriage is a matter of Law and Policy for the Irish State.

    What the churches or other institutionalised faith communities permit or allow in relation to marriage eligibility is a strictly internal, private question for them. It has nothing to do with the Irish State or its legislature.

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  • Over paid over educated mouthpiece out of touch with everyday life matters.

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  • Labour on the button for Voter Concerns once again.

    This will fire up the voters in Meath-East. NOT.

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    • Why do you insist on ignoring the polls M? The vast majority of Irish people are in favour of Marriage Equality. Also (and I tire of asking this question and never getting a reply from you) how can you oppose marriage equality and then call yourself a libertarian?

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    • Ah my little ankle biting troll friend.

      You have to understand I am no absolutist Libertarian but a traditional conservative as well.

      The fact is we have to deal with the state being involved in marriage policy – it is the reality – the absolute libertarian position if of course to have no state involvement in marriage( this would in effect mean no gay marriage either as there would be no recognition from state or church).

      From many posters I have read, there is little wish for a referendum on the subject of “gay marriage” or what you call in orwellian newspeak “Marriage Equality” – they seek to just impose it as they are afraid of a rejection. If a referendum came Catholics would be ordered in mass to oppose it and Kenny would be no doubt excommunicated if it was let pass.

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    • I’m far too busy to be a troll.

      As for your status as a libertarian, I am just referring to what it says on your twitter page. Perhaps you should edit it to read “libertarian (except where marriage is concerned)”.

      Until you make your position on the matter clear you’ll excuse us for just taking you at your word and assuming you are a libertarian in the true sense of the word. Such libertarians, to quote from their platform, believe that “sexual orientation, preference, gender, or gender identity should have no impact on the government’s treatment of individuals, such as in current marriage, child custody, adoption.”

      Now as for whether or not a referendum on this issue is required, I would state that because marriage is not defined in our constitution a referendum would not be required. I do still feel a referendum on the matter will occur and, judging from the polls, the side who support equality will easily win.

      Also out of respect for each other, let’s not call each other nasty names. I don’t do it and I don’t think you should either.

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    • Just a matter of timing M. The longer we wait, the more likely it is to pass.
      I reckon you put far to much hope in the catholic community objecting to this just because they are told to do so.
      They haven’t exactly embraced the ban on contraception now have they?
      I think (and hope) it would pass at the minute, but as I said, the longer we wait, the more likely it is to pass.

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    • John, FG or FF voters are not going to suddenly vote for Labour because of this.

      While most might say they’re in favour of it, how many people will base their vote on this issue?
      Sod all.
      Well, except for the people who’d vote Labour anyway.
      Don’t you think most people have other things to be worrying about?

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    • James I don’t think they would switch to Labour because of this, far from it in fact.

      However this is an issue that has cross party support. In any referendum on the matter the motion would be supported by voters from all parties.

      Vote grabbing attempt though this may be from Labour, I’ll still support it if it brings Marriage Equality. It does not mean I am bound to vote fro Labour in the next election.

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    • Well, then, we’re agreed: It is (or probably is) a vote grabbing and it won’t work e.g. you wouldn’t base your vote on it.

      Well, there we are then. That was a short argument. Cheerio…

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    • Everyman, Theres no need to build a strawman based on a false premise and burn it down. My profile page does not simply say “libertarian” – there are more words there to qualify what I am all about.

      Manonthestreet – it may well come to pass that the state may make the status of gays living together the same as a traditional family, I think it would devalue civil marriage a lot, the status of church marriage would be improved – so you would end up with marriage ‘A’ and then marriage ‘B’ and the howling would continue at the lack of “Marriage Equality”. Ye will never win, lol.

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    • M. There is no such thing as church marriage, marriage is entirely a civil institution. What the church does is officiate a wedding, and they aren’t the only group allowed to do so. People are married when they sign the marriage registry and not when the priest declares them husband and wife.

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    • Paul 19/03/13 #

      There’s no difference in law or in social standing between civil marriage and church marriage at the moment, since church marriage must include civil as well to be legal. Several of my friends had civil marriages either by choice or because they were remarrying. These marriages are all equal.
      People in civil partnerships often refer to their partners as “my wife” or “my husband” and this is repeated by others, including older relatives, sometimes unsure of the etiquette involved but mainly without prejudice.
      Marriages are already all equal in law and civil partnership is reaching parity in society. There is no evidence to suggest there would be any different social or legal standing between marriage A and B, or “gay married” which might get called marriage C in your scenario. It hasn’t been happening so far and I haven’t seen any evidence it’s about to.

      Regarding straw man accusations, it’s not strawman to point out what you claim to be, and to define that, with the aim of showing the inconsistency in your purported libertarianism.

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    • Ye are all giving me a great laugh with your marriage is nothing without the state line.

      I’m sure ye will have many happy years of delusion ahead of ye.

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    • As long as they are happy years M.
      Law as it stands stops a section of our society from enjoying the happiness marriage brings.
      Well, its mostly happiness…. ;)

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    • From the point of view of an agnostic, M O Sé, a church marriage without the state endowed rights would have as much meaning to me as having a clown perform the ritual while riding a unicycle and juggling swords (the clown I mean, not myself). It’d make a nice show, but it’s effectively meaningless window dressing designed to crowbar god and religion into what is otherwise a meaningful and solemn act of commitment between two people who love each other.

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  • Labour lie their way into government and quickly abandon the less well off. They offer up this culture destroying agenda to satisfy the hardcore haters of tradition. 9% and falling.

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  • They are really listening to the PR’ people on this ,,,,’ok guys lets do the gay right thing, cause 1 in 10 ok ok ok… ‘ if we balls that up we can go for responsible pet ownership and animal rights , the greens may have had a winner there…….what u think Eamon ………….Eamon ……….Jesus is he ever here?…Hello Eamon u there…..u there. U there…….

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  • and of course this will solve all of the problems we have here in Ireland?? as an old fashioned kinda guy I would not be rushing out to support this one however If you wanna get married you should be able to get married regardless of whether you are gay or straight, all I ask is that you don’t go making a big gay song and dance about it! I don’t go around forcing home the point that I’m straight on people who are gay or lesbian, but guys I have never seen more blatantly obvious political point scoring by a party that is soon to be non existent #thegreenparty, thats all this is, just noise!

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    • The reason you don’t go around making ‘a big gay song and dance about it,’ as you so eloquently put it is because your right to marry as a straight man, has never been questioned. Your right to marry has not been under constant scrutiny to the very day

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  • Heteromarriage

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  • Whats the point in getting married to the same sex if you cant reproduce.

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  • Why is Bob Geldof in the photo?

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