Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Freedom of religion is already dealt with in Article 44 of Bunreacht na hÉireann. Article 42 addresses education and the rights of children. As the Senators are well aware, the courts, including the Supreme Court, interpret the provisions to the Constitution in a harmonious and coherent manner. The proposal before us is about extending access to marriage to persons of the same sex. No change is being proposed to existing Articles 44 or 42, including those regarding freedom of conscience. We have had the Equal Status Act for a long time and schools can protect their religious ethos. That has been in place for 15 years and schools have continued to be able to educate children with respect to the religious context of the curriculum unhindered. I also have to ensure that same-sex couples would not be at risk of discrimination by somebody using a general conscience clause. There are exemptions in the Equal Status Act to protect services provided for a religious purpose, and that is how religious freedom is given expression in the Act.

The key point with regard to a change in a constitutional provision is well know from court practice, and it is that provisions in the Constitution are interpreted by the Supreme Court in a coherent and harmonious way. All provisions are examined when a court is deciding on particular issues. That is a key point. Supreme Court law demonstrates again and again that the court has over the years interpreted provisions of the Constitution in a harmonious and coherent manner. No change is being recommended whatever to the articles, including Article 44, which gives robust protection to freedom of religion, or Article 42. No changes are being recommended. We are not trying to change those provisions but we are inserting an extra right in the Constitution. Again I say that Supreme Court case law demonstrates that the court has, over the years, interpreted provisions of the Constitution in a harmonious and coherent manner. That is the job of the Supreme Court when there is a constitutional challenge. It considers all the provisions.