Dáil debates

Tuesday, 17 December 2013

Third Report of the Constitutional Convention - Same-Sex Marriage: Statements

 

7:00 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

At the outset, I wish to take a moment to commend the work of the Constitutional Convention and its members. They have truly been a breath of fresh air in our democratic process. We in Sinn Féin believe that the work of the convention should continue and its remit extended to consider myriad constitutional matters that require consideration and reform. I would also like to commend the work of the Marriage Equality campaign, the Gay and Lesbian Equality Network, the Irish Council for Civil Liberties and many other organisations and groups which have campaigned for the right for all families to be treated equally.

The Sinn Féin delegates to the Constitutional Convention welcomed the convention's decisive vote of 79% in favour of removing any possibility of constitutional discrimination against LGBT citizens by explicitly recognising the equal right of these citizens to civil marriage. We noted that the result of the convention vote was and remains a real cause for celebration as it marked a landmark moment for equal rights in Ireland. It was interesting for those of us who were there on the day when the vote was taken and as the debate progressed to witness the genuine spirit of inclusivity, respect and tolerance. So many fantastically positive civic virtues informed the debate among the delegates to the convention. It was a really uplifting moment for all concerned.

The members of the convention gave the Government clear direction by recommending an amendment of the constitutional provision that has been used to discriminate against LGBT citizens and their families. The change that is envisaged by the convention would allow Ireland to join other countries around the world that have recognised marriage equality rights and by doing so would make a real difference in the lives of Irish LGBT citizens and their children. At the time of the result, Sinn Féin called on the Government to move quickly to progress this proposal to referendum. However, the Government has now indicated that a referendum on marriage equality is unlikely to take place before 2015. Ideally, we would want this referendum held sooner but we do acknowledge the Government's intention to progress the family relationships and children Bill through both Houses of the Oireachtas by the end of next year. The recent comments by the Minister for Justice and Equality on reforming family law to secure equal citizenship for lesbian and gay parents and crucially, to protect the best interests of their children, are particularly welcome. So too is the Taoiseach's commitment to campaign for marriage equality when the proposition is put to the people. While we accept the intention of the Government to proceed first with the family relationships and children Bill, that legislation must be prioritised by the Government to ensure that it is concluded by the end of 2014 at the latest.

The light-of-day reality for LGBT families is that even following the enactment of this legislation, there will still be considerable differences between the legal treatment of LGBT families bound by civil partnerships as against civil marriage. That underlines the fundamental point made by the Minister earlier that there simply cannot be anything but full equality for LGBT citizens. This is an imperative now for all of us as legislators. That full equality can only be realised when there is full and absolute marriage equality.

What struck me most about the convention's debate on same-sex marriage was the generally respectful way in which members engaged with each other. Concerns regarding a swathe of issues were listened to, discussed and, in many instances, real anxieties were dispelled and put to rest. For example, it quickly became clear that constitutional recognition of marriage equality is a demand for access to civil but not religious marriage, as some had suggested. Protections of religious freedom under both the Constitution and the European Convention on Human Rights will continue regardless of the proposed constitutional change. The rights and well being of children were at times, understandably, the main focus of the debate. It was evident that ultimately people came at the debate with the belief that children deserve equal constitutional rights and protections regardless of the sexual orientation of their parents.

Sinn Féin, North and South, has been very proud to sponsor marriage equality motions, some of which were the first to be passed by local authorities. It is really important that we bring this debate outside the Oireachtas and into communities. Campaign groups are doing remarkable work in communities across this island. Anti-bullying campaigns, for instance, are playing a crucial role in creating awareness across society of the prejudice that young people still face as they find and settle into their sexual identity. Despite what has been recorded here as legislative advances in protections for LGBT citizens, it still is a fact that homophobia exists in our society. It must be tackled and taken on, head on. For our part, we have sought to bring the demand for marriage equality to the communities we represent and our experience tells us that we are pushing an open door. It is so important that we discuss and debate this issue at a very local level, with our neighbours and those with whom we work. We also want to see complimentary constitutional changes which equally recognise and protect all family forms, including non-marital families of all sexual orientations and a more robust general equality provision that expressly prohibits discrimination on the grounds of sexual orientation or gender identity.

We in Sinn Féin have a long-standing position of support for LGBT families in all dimensions of life and law, including the right to civil partnership, legal recognition of same-sex marriage and the equal right to found a family, including by adoption. Any constitutional provision on the family must not discriminate on the basis of sexual orientation and must equally recognise families in all the diverse and contemporary forms. LGBT families exist and such families can be our friends, our brothers, our sisters, our aunts or our uncles and certainly our neighbours. It is just not acceptable in a modern society to tell these families that they or their children are any less equal than our own.

If we are to wait until 2015 for a referendum on marriage equality, we need a commitment from the Government tonight that it will be no later. The very level of submissions, over 1,000 in all, made on this matter to the Constitutional Convention reflects the level of public interest in the issue of marriage equality. I look forward to the debate on this issue. I hope it will be thoughtful, grounded in fact not prejudice, and be respectful of the diversity of views. When the arguments are set out and the case made, I hope the people will, just like their citizens in the convention, wholeheartedly approve and embrace this important step to the achievement of full equality in Ireland.

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