Mythbusters
- A Civil Partnership is the same as a civil marriage
- The definition of marriage is between a man and a woman
- Irish people are against the idea of extending marriage to same sex couples
- Marriage is a religious institution. Marriage is about getting married in a church.
- Marriage is about procreation. Children need a mother and a father
- Extending marriage to same sex couples would require a referendum to change the Irish Constitution
A Civil Partnership is the same as a civil marriage
A Civil Partnership is not the same as a civil marriage, and Marriage Equality and our supporters believe that anything less than marriage is not equality. The Irish Government has created the Civil Partnership system to provide some rights and recognition to same sex couples. However, the Civil Partnership system does not include all the rights and responsibilities given to married couples, and therefore same sex couples do not have equality.
Among the most important rights missing from the Civil Partnership legislation are rights concerning children and families of same sex couples. In fact, children of same sex parents are neither recognised nor protected by the State. In addition, de facto (or "non-biological") parents are left out in the cold, with no parental responsibilities or entitlements.
Civil Partnership:
- does not permit children to have a legally recognised relationship with their parents - only the biological one. This causes all sorts of practical problems for hundreds of families with schools and hospitals as well as around guardianship, access and custody. In the worst case, it could mean that a child is taken away from a parent and put into care on the death of the biological parent.
- does not recognize same sex couples' rights to many social supports that may be needed in hardship situations and may literally leave a loved one out in the cold.
- defines the home of civil partners as a "shared home", rather than a "family home" , as is the case for married couples. This has implications for the protection of dependent children living in this home and also means a lack of protection for civil partners who are deserted.
(For more information on The Civil Partnership Act and families, please click here)
But at the most basic level, what civil partnerships - as a separate institution to marriage - symbolise is a State that believes that the love shared by same sex couples and families is not as worthy of support and protection than the love shared by people of the opposite sex and their families. Civil partnerships, as a separate, unequal system mean that same sex couples are being denied equality.
The definition of marriage is between a man and a woman
You may be surprised to learn that marriage is, and always has been, a dynamic and evolving institution. For example, in the past marriages were primarily about property and wealth, and so the institution of marriage featured traditions like arranged marriages, payment of dowries, polygamy and the legally inferior status of women within marriage. Even as recently as 1996 the Irish understanding of marriage was evolving. Prior to that, the State did not recognise divorces or remarriages.
At various times throughout history society has adapted its understanding of marriage. At a time when arranged marriages were commonplace, it was unheard of for a couple to marry for love. Today, most people would agree that a marriage is an equal, loving partnership - a far cry from the definition of marriage many hundreds of years ago.
You might also be interested to learn that - contrary to popular belief - the Irish Constitution does not define marriage as between a man and a woman. It was in fact the 2004 Civil Registration Act that defined marriage as being between a man and a woman, but this legislation could easily be amended at any time to define marriage in gender neutral, inclusive terms.
Article 41.3.1 of the Constitution says only that "The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack."
In the past, the Irish Courts have interpreted marriage as being between a man and a women; however, in the Zappone and Gilligan case (due to be heard in Autumn 2011) the Supreme Court will have an opportunity to expand the definition of marriage to include same sex couples.
The Irish Constitution is considered to be a living document that is meant to reflect the changing values of Irish society. At Marriage Equality, we believe that the Constitution's definition of marriage and "the Family" could easily include same sex relationships.
Irish people are against the idea of extending marriage to same sex couples
In fact there is a strong majority of Irish people who support the right of same sex couples to marry, and this majority continues to grow. In the 3 years that Marriage Equality has been working, we've seen popular support for marriage equality grow from 58% in 2008 (Lansdowne) to 73% in 2011 (Red C).
And there are many same-sex couples who are already married. Couples have been legally married in places like Canada, Spain, South Africa... but have returned to Ireland where their marriages are recognised only as civil partnerships. So there already are legally married same sex couples living in Ireland, even if the State won't recognise their marriages.
Thanks to campaigning by groups like Marriage Equality and the lobbying efforts of our supporters as part of our Out To Your TD campaign, nearly all political parties in 2011's General Election included marriage equality in their election manifestos. The current Programme for Government also includes an explicit provision to look at the provision of same-sex marriage in the context of a Constitutional Convention.
This means that our elected officials have heard their constituents, and are beginning to reflect their views by lending their support to marriage equality for same sex couples.
(For more information on Marriage Equality's Out to Your TD campaign, please click here)
Marriage is a religious institution. Marriage is about getting married in a church.
The struggle for marriage equality for same sex couples is a struggle for civil marriage, not for religious marriage. When a couple is married in a civil ceremony at a registry office, religion is not involved. This is because civil marriage is a relationship that is sanctioned and licensed by the State, and does not require the blessing of any religious institution.
Religious marriage is a blessing of a relationship, undertaken in a church or other religious venue. In Ireland, a religious marriage also requires a civil marriage licence to be valid. And no religious institution can be forced to marry two people... even if their marriage is licensed by the State.
Just as religious institutions were not forced to remarry divorced couples when civil marriage was extended to divorced men and women, they will not be forced to marry same sex couples, should civil marriage be extended to lesbians and gay men.
But what about Registrars whose religion does not approve of marriage for same sex couples?
Unlike religious leaders, registrars are civil servants who are required to administer the law without discriminating. A civil marriage isn't a religious ceremony - it is a relationship sanctioned and licensed by the State. Registrars need to perform their official government duties.
But what about wedding suppliers and businesses who do not approve of marriage for same sex couples?
According to the Equal Status Act of 2000, it is illegal to discriminate against someone based on any of 9 grounds, including Gender, Civil Status, Family Status, Age, Race, Religion, Disability, Sexual Orientation or Membership of the Traveller Community. This applies particularly to people who "sell a wide variety of goods" or who "provide a wide range of services", so any supplier who refuses to provide services to same sex couples could be found guilty of discrimination.
Ultimately, although no service provider or business has the right to discriminate against same sex couples, most couples, if confronted with a "conscientious objector" would prefer to take their business elsewhere - ideally to an LGBT friendly wedding supplier.
Marriage is about procreation. Children need a mother and a father.
People choose to get married for many reasons. Sometimes having a family is among those reasons, and sometimes a couple may choose not to have children. In some cases couples may not be able to have children, but this does not make their marriages any less meaningful, important or valid. If same sex couples were permitted to marry in Ireland, they would also choose to get married for the same reasons, including raising a family together.
All across Ireland, families come in many forms. The rights and protections for families that come from marriage help couples to protect their children. Many same sex couples across Ireland already have children, or plan to have children in the future. Excluding same sex couples from the institution of marriage harms these children by denying them and their parents the rights and protections that are given to married families.
The current Civil Partnership Act completely ignores children of same sex couples. At Marriage Equality, we believe that ALL children should have equal access to their parents, and vice-versa, and that children of same sex parents should have the same rights as any other children in Ireland.
Studies - including Marriage Equality's own Voices of Children - have proven that children raised by two mums or two dads do just as well as children raised by a mother and a father. The most important factor is that a child is raised in a loving, supportive and nurturing home, whether that is in a one or two parent household, and regardless of the sexuality of the parents.
In a 2008 poll, 70% of people surveyed agreed that being raised in a loving home is more important than being raised by a mother and a father. (source: Lansdowne Market Research, cited in It's No Joke: Civil Marriage Rights for Lesbians and Gay Men in Ireland, 2009)
The Irish Constitution pledges to give special protection and recognition to the Family. There is no reason why same sex families could not be included in this definition, as these families are just as deserving of recognition and protection as any other families.
Click here to find out more about the children of same sex couples.
Extending civil marriage to same sex couples would require a referendum to change the Irish Constitution
As mentioned above in the Definition of Marriage section, the Irish Constitution does not actually define marriage to either include or exclude same sex couples. It is the 2004 Civil Registration Act that defines marriage as between a man and a woman.
The Irish courts have interpreted the Constitution as inferring that marriage is between a man and a woman; however, it is now open to them to change this view in line with modern Irish society, public opinion, and many countries around the world who already have marriage equality.
An important court case around the definition of marriage is the Zappone & Gilligan case. In this case, Katherine Zappone and Ann Louise Gilligan are arguing for the right to be legally recognised in Ireland as a married couple (they are legally married in Canada, but classed as "Civil Partners" in Ireland).
The Supreme Court will soon be hearing this appeal, and will make a ruling in one of 3 ways:
1. Ruling in favour of Katherine and Ann Louise
If Katherine and Ann Louise's case is successful, it means that the Supreme Court believes that the Constitution demands equality for same sex couples, and this includes access to the institution of marriage. In that case, the Government will be REQUIRED to legislate for marriage equality.
2. Ruling against Katherine and Ann Louise
If Katherine and Ann Louise's case is unsuccessful, this means that the Supreme Court believes that the Constitution - particularly the definition(s) of marriage - blocks same sex couples from the institution of marriage. In that case, a referendum will need to be held, to change the Constitution and bring it in line with what the Irish people want.
3. "Stalemate"
If the Supreme Court decides that the Constitutional definition of marriage neither compels NOR blocks the institution of marriage from being open to same sex couples, then the Government MAY legislate for marriage equality.
In any event, Marriage Equality will continue to keep the pressure on the Government to make marriage equality a reality for same sex couples one way or another (ie: with or without a referendum).
Marriage Equality shares the opinion of some of Ireland's finest constitutional lawyers, who see no constitutional impediment to providing marriage equality.
Ultimately there is no substance to the argument that providing equality for same-sex couples is unconstitutional. In fact, the Irish Constitution upholds equality for ALL its citizens.
