Seanad debates

Wednesday, 7 July 2010

Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage

 

6:00 pm

Photo of Rónán MullenRónán Mullen (Independent)

I welcome what Senator Walsh said by way of clarification. The more widely accepted principle in regard to equality is that all persons are equal but different situations can be treated differently. It is worth remembering what our Constitution has to say in that regard in Article 40.1 on equality, which provides that the State can have regard in its enactments to differences of capacity and function. Therefore, just as it is acceptable for some people to see an appropriate inequality between intimate couples and non-intimate couples, by the same token it is surely appropriate to argue that the doctrine of equality does not necessarily mean that all relationships have to be viewed by the law in the exact same way.

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