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 Rónán MullenRónán Mullen (Independent) | Oireachtas source

The Minister is contradicting herself in a way by arguing that this issue will be left vague and uncertain because we do not know what the Supreme Court will decide. She chose her words carefully when she stated the referendum was about access to marriage. My point, however, is that she did not say it was only about access to marriage. I have access to a legal opinion on this question to the effect that it would be unconstitutional to give preference to mother and father relationships in the circumstances I described if the amendments I have proposed and which have been ruled out were not accepted. Does the Minister have a legal opinion to the effect that I am wrong?

To return to the issue of conscience, Senator Zappone is keen that we do not speak too much. She is technically correct because we have been speaking for some time about matters, the substance of which was primarily dealt with in the amendments that were ruled out of order. I urge her, as a legislator, to consider the fact that even having this discussion speaks volumes about the decision to rule the amendments out of order, particularly in light of my comment on the legal opinion that I have to the effect that it would be unconstitutional to give preference to father and mother relationships if the amendment I proposed is not made. This is a serious matter and one which the Senator should seriously consider. Clearly, this is the scenario the Minister wants to bring about, which is the reason she stated the referendum was about access to marriage but did not state it was only about access to marriage. There are knock-on effects, and my amendment seeks to ensure the only issue the referendum will be about is recognising the relationships in question. Without the changes I have suggested, it will be about very much more than that. The Government will clearly deny this and will not accept it publicly for political reasons.

On the freedom of conscience issue, let us imagine a scenario, albeit one in which I will never find myself. The fact that I am a politician may, by definition, mean that I am the pragmatic type of person who would print whatever people wanted to get printed. However, I respect the bona fides and freedom of expression rights of people who see things differently - in other words, people who, like me, believe in the right of a child, wherever possible, to have a father and mother in his or her life and, for that reason, value the institution of marriage, as currently defined, and would be uncomfortable about being seen to endorse anything else, even if it should be provided for legally. Is there room for such people in our society?

As I stated, people who have a conscientious objection are likely to be what one would describe as Bible Christians, Muslims or people with no religious conviction. It should not matter to us.

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