Ivana Bacik (Independent) | Oireachtas source

As we know, an important change was made. Until the passage of the divorce referendum in 1995 our understanding of marriage was that it was not possible legally to end a civil marriage. In the United States, interracial marriage was banned until 1967, which saw the landmark case of Loving v. Virginia. Our understandings of marriage have changed significantly and substantially over the years. Tradition alone cannot form a rational basis for law. It is utterly irrational to deny gay couples the right to marry only because marriage was always thought of in the past as something only engaged in by opposite-sex couples. Tradition is not a rational basis to deny the right to marry to our gay brothers, sisters, friends and relatives.

Is there any rational basis for the opposition to the referendum, the question of the right to marry or marriage equality? I have been involved in various debates and meetings on the issue, including public meetings and so on. I have heard a great deal of moral posturing from those who oppose the referendum. The posturing has tended to focus on the issue of children. Others have already referred to this. They have tended to refer to a rather glib slogan that children have the right to a father and mother and that somehow this justifies an opposition to marriage equality.

Let us try to dissect this argument. In reality, the argument being made against the referendum is that the ability of an opposite-sex couple to biologically procreate is a justifiable ground of distinction to legally distinguish between gay and straight couples. Again, this lacks logic. The ability to procreate is not a key ingredient of marriage. No one has ever argued that an opposite-sex marriage is invalid because a husband and wife are physically incapable of having children, too old to have children or because they do not wish to have children. Nor has the State ever required that a heterosexual couple should prove their parenting ability before they marry or have children. We do not prohibit convicted child abusers or domestic abusers from entering marriage. It would be profoundly illogical, unjust and discriminatory to impose a different standard on same-sex couples to the standard to which we currently hold heterosexual couples. As others have said, having heard the testimony of those living in Ireland today who have been brought up in gay families by gay parents, one understands what the empirical research so clearly shows, that is to say, as far as children are concerned it is the quality of parenting that counts and not the sexuality of the parents.

I have argued and I will continue to argue for the next eight weeks that there is no logical basis for limiting the right to marry the person of one's choice to the right to marry only a person of one's choice who happens to be of the opposite sex.

The only way to justify a State intervention in limiting the right to marry is where a choice of partner might involve potential harm. For example, we have standard rules on consanguinity which will remain. In other words, the State prohibits siblings from marrying each other. No one, even the most vocal opponents of this referendum, has argued that any harm will be caused to anyone, particularly to any married couple, simply because an adult will be allowed to marry the person he or she loves who happens to be of the same sex. No heterosexual couple has argued that their right to marry or their marriage is somehow devalued if the people vote "Yes" on 22 May. If anything, expanding the categories of persons who can marry without changing the nature of marriage itself, as this will do if the referendum is passed, will in fact enable a reaffirming and strengthening of the institution of marriage. It emphasises the priority and importance that we place on this institution.

I am very taken with the comments of Martha Nussbaum, the distinguished US professor, to the effect that marriage is not a trivial matter. She has said it is a key to the pursuit of happiness, something people aspire to and keep on aspiring to even when their experience has been far from happy. She was referring to people who have married a number of times. She has stated:

To be told "You cannot get married" is thus to be excluded from one of the defining rituals of the American life cycle.

That is not only confined to America.

As we all know, the institution of marriage has persisted through societies and through changed times and understandings. As human beings, gay and straight, we all seek the same things that marriage represents, love, companionship, intimacy, mutual trust and responsibility. That is why it is time to take the final step on the journey to full equality with our gay sisters and brothers by voting "Yes" on 22 May.

I support the Minister 120%, if that is possible. I know those of us who support this measure will work as hard as we can to ensure this referendum is passed on 22 May.