Seanad debates

Wednesday, 25 March 2015

An Bille um an gCeathrú Leasú is Tríocha ar an mBunreacht (Comhionannas Pósta) 2015: An Dara Céim - Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015: Second Stage

 

10:30 am

Photo of Thomas ByrneThomas Byrne (Fianna Fail) | Oireachtas source

I and my party give our full support to this referendum. I am proud to stand here as a Fianna Fáil Senator, given our track record on the issue of equality for gay people over the years. This has been a journey not just for our party but for society as a whole, and that needs to be recognised at all times.

Homosexuality was decriminalised after our colleague's case some time ago, and Ms Máire Geoghegan-Quinn took the decision to then implement that decision. Of course, she had to do that, but it could have been left to one side like many other important issues have been left to one side over many years. She dealt with it. There was a lot of talk about the Taoiseach, Deputy Enda Kenny, visiting the PantiBar recently but, if I remember correctly, the then Taoiseach, Mr. Bertie Ahern, visited the same premises when it was under a different name just before the 2007 election, and that certainly was very progressive. I was proud to support the Civil Partnership Act in this House. At that time, the then Minister, Mr. Dermot Ahern, rejected very strongly this so-called conscience clause, and, indeed, I also reject that today and I will go into some of the reasons for that.

I will be fully supporting the Bill. I believe it is absolutely necessary and important that we do that and that equality is given. I think the Irish people will support it as well, as the surveys are showing. People are complaining about certain politicians not canvassing but, from what I can see, there is more canvassing going on in this referendum than has ever gone on in a referendum. For other referenda, we usually talk about the canvassing we did but it might be more talk than action. In this referendum, people are out knocking on doors, and I certainly will be too.I would caution against denigrating "No" campaigners, although not many people are doing this. Looking at the history of this issue, we can go back to 2008 when President Barack Obama was officially opposed to marriage equality which is not that long ago. We can go back to 1996 when the US brought in the Defense of Marriage Act, which defines marriage in a certain way. There is a journey under way and it is not correct for people to suggest they have always been in favour of this. Ten years ago, polls in the US showed a majority against this but that has changed and 50% or so are now in favour of marriage equality. Society has been on a journey.

Perhaps there are people who have lost out and people who feel they have suffered over the past number of years because this was not available, and maybe they have. However, Irish society has been moving in a general direction on this issue and it continues to do so. That is the case if one looks at the history of what my party has done on this over many years. It can be fairly described as a journey.

I refer briefly to conscience clauses, which are very dangerous. Senator Crown spoke about the separate but equal status in the south of the United States under the Dred Scott rules. They were very dangerous because, as Senator Crown said, they were very firmly based on the Bible and on the social order. If we are to enshrine religious grounds for discrimination in law, it simply could not be confined to gay people because then it would just be a "turn the gay away" law and it would be shown up for what it was. It would involve all sorts of religious objections. Not many religions are looking for that currently. Archbishop Martin apparently qualified what he said last week. I was surprised he looked for it because it really is very dangerous. The idea that any citizen would be turned away in the normal course of business from a service would be abhorrent.

I was particularly shocked at the printers in Drogheda, who I know. They are generally very decent people and they have done printing for me. However, the idea that they turned away a long-standing customer because they did not agree with civil partnership was shocking. I think the case in Northern Ireland was slightly different but what has happened there with the gay cake row is that it has prompted the DUP to try to bring in a conscience clause. I do not know whether it will pass but there certainly will be huge pressure from religious conservatives in the North of Ireland because these laws are being passed all across America, including in Indiana. Georgia passed these so-called religious freedom laws in that past week. They are very dangerous because they are not about religious freedom but about bringing back discrimination which existed in the United States in the past under the guise of a religious justification.

I say all of this as a practising Catholic, although it is not particularly relevant. My church should be very careful about looking for, and think very carefully about the consequences of, this. However, we must legislate for society as a whole and not for any particular religions. The religious institution of marriage is separate and it is a matter of my faith which does not need to be protected by law. I think it is protected in the legislation going through.

There has been huge provocation in the Northern Ireland cake row, whether intentionally or unintentionally, which has rallied the troops in contrast to the issue in Drogheda which has actually generated a huge amount of support and has shown up the dangers of this type of discrimination under religious guises. I would ask people to think very carefully about the consequences of the action and the hurt they are inflicting and to look at other aspects of their businesses. Are they promoting other things which may well be immoral under some religious code? The Bible does not mention gay marriage and, over the years, justifications for slavery have been given based on the Bible. It depends on the mores of the time which in this country and across the world are that there should be marriage equality. Those mores are very important. I mention the Latin phrasevox populi, vox dei, the voice of the people is the voice of God, and I think the voice of people will speak on civil marriage.

However, let us be very careful about conscience clauses. I am very proud that Fianna Fáil has opposed them because we are often asked what we did when in government. When in government in this case, the party strenuously opposed them. I hope they will not happen and that people will learn lessons from what happened in Drogheda and recognise the serious hurt caused. Some people think their religious rights are being lost because of this but I reject that entirely as somebody who practices my religion. I do not see that as an issue at all. For example, I am sure it is a moral issue for lawyers to defend rapists but they do the job they are required to do without judging. It is not a particularly nice thing to have to do.

I heard a ridiculous argument on the radio that one could possibly allow some sort of extreme religion - I will not even mention one because I am not sure it would be allowed - to ban women from driving and, therefore, a petrol station owner could ban women from getting petrol but that we would only allow that if there was another petrol station in the area. This was discussed on national radio the other day and it was just bonkers. The radio station should not allow these people on. Maybe that is undemocratic but it is bonkers. I really felt they had lost the argument, if there ever was one, when I heard that one might force people not to discriminate if there was only one petrol station. It is lunacy. Let us stand up for equality for all the citizens of this nation.

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