Aideen Hayden (Labour) | Oireachtas source

I welcome the Minister to the House on this historic occasion. I wish to congratulate my colleague, Senator Zappone, on what is probably one of the most incredible speeches I have ever heard, particularly in this House.

I fully support marriage equality and the thirty-fourth amendment of the Constitution. This is an issue of human rights and equality. Everyone has a right to marry and to found a family which is enshrined in the Universal Declaration of Human Rights and International Convention on Civil and Political Rights. In international law and the Irish Constitution, the family is regarded as the natural and fundamental group unit of society. It is entitled to protection by society and the State.

Marriage comes with rights, responsibilities and benefits. Marriage is a cultural institution. It is a very important part of an individual's cultural and human rights. As the Minister pointed out earlier, marriage is an institution that has gone through many iterations in Irish society. In fact, going back a number of centuries women, in particular, under Brehon law had more rights than we sometimes remember. One can argue that marriage is an institution that has had a number of ups and downs historically. For most people, marriage is a major life step and is a celebration of a deep and binding commitment to the person they love which Senator Zappone stated very eloquently. We can no longer exclude people from this important life step on the basis of gender or sexual orientation. The denial of the right to marry is a form of discrimination which we, as lawmakers, must do everything in our power to eliminate.

Extending civil marriage to all couples, regardless of gender, underpins wider equality and inclusion in Irish society. We must promote this referendum to the fullest of our abilities. We must ensure that we achieve a strong turnout and a positive result in May.

I do not accept some of the commentary in the media that suggests that people in political parties should stay out of this debate. I do not believe that is a correct assessment of Irish political reality. Nobody who has an interest in this referendum, whether they are involved in political life or civil society, should stay away from taking an active and participative role in this referendum.

Archbishop Diarmuid Martin recently called for a legal conscience clause. It would allow private businesses that are opposed to marriage equality to refuse goods and services where it would be contrary to their religious beliefs. To allow such a clause would be State-mandated discrimination. If we are to support marriage equality there can be no distinction between couples who choose to marry. I was glad to hear the Tánaiste reject the suggestion. I will also reject any attempt to extend conscientious objection to private business owners.

For those to whom marriage is available, it is too easy to take it for granted. For those fighting for the right to marry and a legal recognition of their relationship, this referendum means the world. Just 22 years ago, in 1993, Ireland finally decriminalised homosexual activity. Ireland has come a long way, in leaps in bounds, to become a more inclusive and accepting society. In 2010, we enacted the civil partnership Act which was the first legal recognition of same-sex relationships. It was a major step forward in recognising the value of same-sex relationships and provided more legal stability to same-sex couples. Unfortunately, the legislation stopped short of giving them true equality. There are over 150 statutory differences between civil partnership and civil marriage. Although there has been progress to close the gap, the only true way to eliminate the separate but equal attitude is to open civil marriage to include all people, regardless of gender.

Yesterday, we debated a Bill to extend the guardianship and adoption rights of same-sex couples and which recognises the value of family relationships, regardless of sex. The Bill is designed to modernise family law and reflect the reality of modern family relationships in Ireland. With or without this referendum, or the Children and Family Relationships Bill, there are loving and committed same-sex couples who are choosing to start families and raise children. To deny these families the option of marriage is to ignore the social reality that exists.

Article 41 of the Constitution of Ireland gives extensive protection to families based on marriage. Those families enjoy a special elevated status under the Constitution. The distinction between families based on marriage and those who are not married, is significant. There is a whole class of people who will never achieve the stability and protection, offered by the Constitution, without this amendment. If this referendum is passed it will allow all people in loving and committed relationships the option of civil marriage and the enjoyment of this family protection by the State and society. As I pointed out yesterday, there are other families who are excluded from the constitutional recognition that is afforded to families based on marriage but that is an issue for another day.

If this referendum passes, Ireland will be the first country in the world to open marriage to same-sex couples by popular vote.Furthermore, this amendment to the Constitution had its origins as an issue considered by the Constitutional Convention, of which I was a member. The citizens of the convention supported marriage equality and passed this recommendation to Government, which duly considered the recommendation and set in motion this referendum to amend the Constitution.

Like Senator Bacik, I am very proud of the role the Labour Party has played in bringing this issue to the fore, and not just this issue but, more generally, the issues of gay and transgender rights. In April 2013, I voted to support the amendment. I stand here now to restate this support and to urge the people of Ireland to do the same on Friday, 22 May. This referendum will make history. It is time to take a stand for equality, for human rights and for an Ireland free from discrimination.

Earlier, the Minister pointed out the number of countries that have extended the right to marry to same-sex couples. When I heard her read that list, I thought to myself that we are moving, as a world society, in the right direction. I was then drawn up short to remember that there are a number of countries in the world, which I will not name, where being gay is something that is now a criminal act, punishable in some cases by death. We do not, as a human society, consistently move in the one direction. However, I want this country to be among those that are named and listed as being prepared to stand up and be counted, and move in the right direction.