Oireachtas Joint and Select Committees

Wednesday, 19 September 2018

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion

9:00 am

Dr. Laura Cahillane:

It is a difficult one. As Professor Mullally has already stated, one would hope that, given that the courts have an obligation to interpret Irish law in harmony with the European Convention on Human Rights, the courts would give an up to date reading of article 41. This would require them, however, to in many ways reverse what has gone before. It would be quite a big decision for the courts to decide to change the definition of marriage: it would have to be a Supreme Court decision. It is possible, of course, but it might be more effectively undertaken by a referendum.

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