Seanad debates

Wednesday, 16 October 2002

Recognition of Domestic Partnerships: Motion.

 

I want to outline a few areas where there is a commonality of interest between gay and lesbian people and those who are heterosexual and outside marriage. What is striking in this book is that so many of these discriminations are shared. For example, it states that under the Family Law Act, 1995, and the Family Law (Divorce) Act, 1996: "following a judicial separation or divorce, a portion of the pension may be calculated and allocated to the spouse who is not a member of the pension scheme. By definition, this facility obtains only in relation to married persons." This means that not only gay couples but also everybody outside marriage is inhibited in the full exercise of their rights under this legislation, which was passed as recently as 1995. There is a certain equality in social welfare payments until the death of one partner. The social security system then starts to discriminate and survivors' pensions are payable only to the lawful spouses of deceased contributors. This means that a woman and her children could be discriminated against in exactly the same way as a gay couple. That is to be greatly regretted.

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