Written answers
Wednesday, 11 June 2014
Department of Justice and Equality
Equality Issues
Finian McGrath (Dublin North Central, Independent)
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132. To ask the Minister for Justice and Equality if there is a need for a referendum on marriage equality as Article 40.1. of the Constitution states that all citizens shall be treated equally; and if she will make a statement on the matter. [24973/14]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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We have been advised that while, as the Deputy indicates, Article 40.1 of the Constitution states that all citizens shall be treated equally, the institution of Marriage referred to in Article 41 of the Constitution has been interpreted by the courts as confined to unions between persons of the opposite sex. As recommended by the Constitutional Convention in its report to the Oireachtas of 2 July 2013, a referendum is needed to ascertain the views of the people on the question of whether the Constitutional interpretation can be broadened to include unions between same-sex couples as well as those between opposite sex couples. As the Deputy will be aware, the Government has agreed to hold a referendum on marriage equality in 2015.
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