Seanad debates

Friday, 27 March 2015

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

 

10:30 am

Photo of Jim WalshJim Walsh (Fianna Fail) | Oireachtas source

-----where the referendum itself is under scrutiny. Mr. Arnold has already caused the Government embarrassment and forced it to change the marriage referendum's Irish language text because it could be interpreted as banning opposite sex marriages. Constitutional law academic Dr. Seán Ó Conaill said the Government is reaping what it has sowed because it made such a mess of the children's referendum. The Government has an appalling record when it comes to respecting the views of people. The Taoiseach was in government at the time of the 1995 McKenna judgment and the current Minister for Justice and Equality, Deputy Frances Fitzgerald, was the Minister for Children and Youth Affairs at the time of the children's referendum. Both should have learned lessons when it comes to pushing agendas in referendums.

I take particular exception to the fact that the constitutional question before the people, and the Bill that underpins it, is a one-sided presentation of the argument. It is not the way to respect and treat the Irish people. People on the other side have a different view and they are entitled to the same impartiality and neutrality from the Government as those following this side. I oppose it because children will be deprived of fathers and mothers and affected by this referendum. We have spent the past number of days, including all this week, talking about changes made to accommodate the referendum.

I also have concerns about the ideological aspect to redefine marriage and family and the application for children in schools, which I mentioned on Second Stage. With regard to my third concern, I preface what I will say by quoting from Keith Mills, a self-professed gay man but an anti same sex marriage campaigner:

The ... 'one size fits all' method of legally recognising all unions fails to address the fact that the relationship that a man forms with another man is intrinsically different from the relationship that a man forms with a woman. This difference is as fundamental as a man and woman are themselves different.
There is a great deal of talk about diversity but, when it comes to this, nobody wants to recognise that there is a difference and diversity. Existing marriage rights should remain unique to marriage because of its uniquely pro-child nature. It is not discrimination, despite what people say, to treat a unique institution such as marriage between a man and a woman in a unique way.

My third concern is that young gay people, in particular, who bought into the ideology will come to recognise that their relationships are different. That does not mean they are not entitled to the same respect but it is different. The relationship between a man and a man and a woman and a woman is different to the relationship between a man and a woman. There are biological and other differences underpinning that statement. This should not detract from the respect such people are entitled to.

As far as I am concerned, I never want to deny any loving gay couples the right to live together in happiness, to make a lifetime commitment in a monogamous relationship is already secured in civil partnership. That is not at issue. It has been recognised and legalised. Archbishop Martin put it well when he said an ethics of equality does not require uniformity. I ask the Minister to reflect on that and on the amendment I have tabled, which means that the people will, in a fair and objective way, go to the polls and vote as they see fit on the issue. I ask those people that they reflect on various arguments put forward for those who are looking to vote "Yes" and those looking to vote "No" and come to a decision in the best interests of society as a whole. There is an ongoing debate between individualism and the common good and there is ideology, particularly around the former. That is at issue in this referendum and I am disappointed the mistakes made in the children's referendum are being repeated. I am not a lawyer and I do not know whether it is open to legal challenge but it is disrespectful to the electorate, to their intelligence and to their independence to make a well-considered, independent adjudication on the matter.

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