Maureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

Ar dtús, ba mhaith liom buíochas a ghabháil le agus aitheantas a thabhairt do bhaill fhoireann an Choinbhinsiúin as an obair a dheineann siad i gcomhair gach cruinniú, roimh an cruinniú, tríd an cruinniú agus tar éis gach cruinniú. Tá an obair a dheineann siad ar fheabhas.

A major reason the Constitutional Convention is moving so well is the professional calm and efficient way in which its staff carry out its work. The engagement of citizen members and political leaders, under the able chairmanship of Tom Arnold, also contributes to the convention’s efficient work. Everyone acknowledges the balance in speakers, presentations and the time allocated for each aspect of the topic to ensure a wide spectrum of views are heard. I acknowledge the Government’s response within three months to each of the convention’s recommendations. The next step is the follow through. Will the Government give a definite idea as to when the referendum on same-sex marriage will go ahead? There should be no discussion of a second convention until those issues are brought to a satisfactory conclusion. I noted the Minister said he was looking at 2015 as the date for this referendum, which is a vote of confidence that the Dáil will last until then.

The convention’s session discussing the topic of same-sex marriage was the most tense, intense and emotive I have attended. When it was announced 79 voted in favour of same-sex marriage against 19 not in favour, there was a feeling of celebration, relief and joy on the part of those attending that a right had been granted to gay and lesbian people, a right they had been denied for so long and one enjoyed by people who are not homosexual. This issue is about a human right and equality. Equality should not be based on one’s sexual orientation, gender, ethnicity, colour, creed, wealth or social status. In our own history and that of other countries, we see the mass migration of people because the systems under which they lived did not recognise and respect their beliefs. It is happening in so many places today such as in Colombia, the Democratic Republic of Congo, Central Africa and Syria.

I can understand that same-sex marriage is difficult for some people to accept because it is different and, for thousands of years, marriage involved two people of different sexes. Some people are not very good when it comes to accepting difference. There was a strong vote at the convention in favour of same-sex marriage. The people will have the opportunity to exercise their democratic right in the referendum when it comes.

Some years ago, in my naivety and ignorance, I believed civil partnership had ticked all the boxes on this issue. I was taken aback to learn otherwise. It was the work of the Marriage Equality group and GLEN, Gay and Lesbian Equality Network, which pointed out the 169 legislative differences between marriage and civil partnership which include, for example, civil partners not being allowed to adopt jointly, issues with guardianship, discrimination faced by children of gay couples and a family home having to be described as a shared home. The TASC submission to the convention put it succinctly:

Marriage, as well as being a social and cultural institution is also a legal and economic institution. It is up to the State to provide for the civil marriage in the legal and economic senses rather than in the wider social and cultural institution of marriage which is conducted in accordance with beliefs and cultural traditions of various religious and ethnic groups.

Its submission also dealt with the tax issue, proposing the most straightforward way of ensuring tax justice is to extend marriage to same-sex couples. Civil partnership went a good way on this but there are still differences. While it was a major advance, it fell short of constitutional equality which is critical. Civil marriage is a further step to build on the civil partnership legislation. While we have come a long way for equality for lesbian and gay people, it must be remembered there are countries where they face persecution, torture and imprisonment.

Some argue that same-sex marriage undermines the value of marriage. From my experience at the convention, from lesbian-gay friends and organisations, the same-sex marriage proposal is an affirmation of marriage, certainly not undervaluing it. They believe in the institution of marriage and their right to share it.

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