Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

With respect, they are.

The inclusion of the term "durable relationships" builds in a consistent way on those current guardrails. Rather than taking the approach of solely deleting the words on which the family is founded from Article 41.3.1° or using a formulation of "including but not limited to", the approach further reinforces that concept of the family as a fundamental unit group in society. It is one that is founded on strength, stability and commitment.

I note that Senator McDowell's amendment seeks to further qualify the term "durable relationships" in terms of introducing the term "between two persons as may be prescribed by law". In respect of durable relationships being prescribed by law, the concern is that this approach would involve differential treatment between families founded on marriage and those not founded on marriage. The former would automatically fall within the constitutional definition and protection. The latter would only do so if they satisfied relevant statutory provisions.