Mick Barry (Cork North Central, Solidarity) | Oireachtas source

Potentially, this change would allow a Government to extend rights and benefits to all family forms. Those rights are not currently extended. An unmarried couple, for example, will not have access to widow's or widower's pension entitlements. A cohabiting couple are not able to avail of various tax benefits. Many pension schemes discriminate against non-married couples, and the providers of those schemes are legally entitled to do so. I could go on with many other examples.

The Government does not propose with this Bill to end these injustices. It does not propose to delete reference in the Constitution to the family being "the natural primary and fundamental unit group of Society". It does not propose to delete Article 41.3.1°, which pledges that the State will "guard with special care the institution of Marriage ... and protect it against attack". This article allows the State to discriminate against families which are other than married families. It could be argued that this article obliges the State to discriminate against families that are other than married families. Mr. Justice Séamus Henchy said in the 1966 case of the State (Nicolaou) v. An Bord Uchtála:

For the State to award equal constitutional protection to the family founded on marriage and the "family" [his inverted commas, not mine] founded on an extra-marital union would in effect be a disregard of the pledge which the State gives in Article 41, 3, 1, to guard with special care the institution of marriage.

On that basis, this constitutional amendment might be passed by the people but discrimination against lone parents, cohabiting couples and others might continue.

In the past decade, this country has witnessed a feminist wave that has challenged the archaic, sexist and patriarchal structures of our society. The Government has decided to move on this issue in response to that wave, but what a half-hearted response it is. That does not surprise me given that it comes from Fianna Fáil or Fine Gael, nor does it surprise me, though it is very disappointing, that it also comes from the Green Party. Here is an opportunity to say that all family forms are valued and equal and that there will be no more discrimination. This wording will need to be amended on Committee Stage in the new year.

See this speech in context