Dáil debates

Tuesday, 10 March 2015

An Bille um an gCeathrú Leasú is Tríocha ar an mBunreacht (Comhionannas Pósta) 2015: An Dara Céim - Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015: Second Stage

 

8:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour) | Oireachtas source

Gabhaim buíochas leis an Leas-Cheann Comhairle as ucht an seans chun labhairt ar an mBille tábhachtach seo inniu. I welcome the opportunity to speak on this important legislation.

This is a ground-breaking, long-overdue Bill. If the referendum is passed, it will mean that we will treat all our citizens, irrespective of their sexual orientation, equally. The amendment to the Constitution would insert the following text: "Marriage may be contracted in accordance with law by two persons without distinction as to their sex." If that wording is approved by the people, the Government would then be enabled to introduce legislation to ensure that right is vindicated.

The Labour Party has long been to the forefront in supporting and advancing progressive social policies. It is hard to think that in the 1980s, it was Mr. Barry Desmond, then Minister for Health and Social Welfare, who liberalised the availability of contraceptives; in the 1990s, the Labour Party in government decriminalised homosexuality and introduced a referendum that allowed divorce to be introduced; and in the 2000s, we were the first to push for the introduction of civil partnerships. This Government has advanced the cause further. For many years, previous Governments failed to legislate for the X case. That has now been done. This Government ensured that the Protection of Life during Pregnancy Act was passed in 2013. Moreover, legislation on gender recognition and the Children and Family Relationships Bill are currently before the House. That is an impressive amount of legislation in a socially important area to have gone through the Houses in recent years.

Indeed, the programme for Government included a provision that a Constitutional Convention would be established, and the third report of that convention, as referred to by Deputy Maureen O'Sullivan, recommended by a large majority that legislation should be introduced to amend the Constitution in this respect. Since the foundation of the State, the Labour Party has been the most consistent socially progressive party in these matters. It has been extremely important to seek to broaden the scope of personal freedom in personal relationships in the face of traditional, religious and cultural views and practices that were restrictive of the lives of the people. There are other areas that we are coming to terms with, particularly in relation to the restriction on the lives of woman and children in society.

If this legislation is passed, Ireland would become one of the growing number of countries that have already achieved marriage equality. As Deputy Hannigan stated, we would be the first to achieve this through a popular vote by means of a referendum. More and more countries are recognising that couples should have the right to marry, regardless of their sexual orientation.

Importantly, this referendum will not change what is meant by marriage. It in no way interferes with the marriage of a man and a woman. Heterosexual couples will continue to marry as they always have done. If passed, however, what will change is who has the right to marry. Other couples will now have that right. We must respect all the citizens of the Republic and treat them equally.

It is important that, on the eve of the centenary of 1916, those precious values that were expressed in the Proclamation of 1916 would be reflected in the acts that we are engaged in at present and that we would pass legislation that would ensure similar rights for all citizens. It would add to the totality of rights that were pledged by our forefathers at the foundation of the Republic. It is important for us to address the matter in that context and to ensure that every effort is made to explain fully to the people what exactly is meant by this proposal in the Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015. It is extremely important that we show leadership here and that every party that has signed up to this legislation would also show that in a practical fashion in the course of the campaign. This does not necessarily mean they should campaign individually but this is an opportunity where different parties could campaign together on an issue shared by everybody, both in this House and, I understand, in the other House, to get the word out clearly that love is love and that two persons who love each other are entitled to share that love and to have it expressed constitutionally by marriage.

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