Jennifer Whitmore (Wicklow, Social Democrats) | Oireachtas source

I support the Labour Party amendment. The amendment seeks to remove the language from the Constitution that defines marriage as being the basis on which the family is built. It seems a very practical, clean and simple amendment to make.

It is important to note that these amendments do not undermine the value of marriage or traditional family structures. They acknowledge and validate the diverse forms of family that occur in our society today. Thankfully, Ireland is a very different place from what it was 20, 30, 40 or 50 years ago. We know that 40% of families are headed up by non-married parents be that in the form of co-parenting, single parents or those who have been widowed. One in five people in Ireland lives in a one-parent family. One in four families with children in Ireland is a one-parent family. We often quote the line in this House about all children in Ireland being cherished equally but this cannot be realised given the way the Constitution creates a hierarchy of family structures recognising the family established through marriage and excluding all others by omission. We need to see equality for all families reflected in our Constitution because as a constitutional democracy, it is the foundation of the legal and social code as well as our national statement of principles.

An organisation that has been calling for reform in this area is One Family, which launched its policy on Monday. It is worth quoting its statement on Monday regarding the vote.:

This referendum symbolises reparation and recognition for those who have long been shamed. Through this referendum, the Constitution will extend its protection to various types of families, such as unmarried parents and their children, one-parent families and unmarried couples.

This referendum is historic. It is an opportunity to break with the past and for us to recognise that Ireland is changing and that we are no longer confined by these very strict, tight and often religiously influenced binds we have had to date. The language in the Constitution needs to be consigned to that past, and we should be able to look forward to a future when we have equality among all families. The Constitution is the fundamental legal document of our State and it is a living document. As the principles of the Constitution guide our society, our society must also guide our Constitution. Marriage does not make a family; it is the relationships, actions, love and care between people that form a family.

Deputy Bríd Smith gave a personal example. When I lived in Australia, I had two children with my partner there and we were de facto spouses, a de facto couple. We had all the legal rights a married couple had. When I had my children over there, not an eye was batted, there was no issue, it was not a thing, and people would not ask us if we were married or anything like that. It just was not an issue for people. Then I moved home with the two children, heavily pregnant with my third. Once I stepped off the plane, the difference I felt being a parent of children when not married was incredible. There were the constant questions. There was a sense of shame. Even within my own family, there is, I think, a sense of embarrassment among the older generations that I had three children outside the bounds of marriage. Interestingly, we ended up getting married. It was not something I had a real grá for, but I did it because our rights were completely undermined in that relationship. My children were not treated in the same manner as other children. My partner and I were not treated in the same manner as married couples. I actually cannot remember the date of my marriage. We had it in a registry office. It was pure basic. We did not even tell our family we were going to do it. We went in and got it done and dusted. Would I be married now if I did not have to be, or did not feel like I had to be, because of the Constitution and the way our society has grown? I do not know - probably not - but I think that choice was taken away from me and my partner because of the very way in which society was set up here.

Whether or not this amendment is accepted, it is great that we are now moving to a place where we will be more equal and the children of those who decide to raise families by themselves will not have to be shamed. That is something to be very proud of. I ask the Minister, however, to consider these amendments because we want to get this right and make it as strong as possible.

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