Robert Troy (Longford-Westmeath, Fianna Fail)
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431. To ask the Minister for Justice and Equality if she will ensure that the rights of the church and religious orders will be protected following the inclusion of the provision that marriage may be contracted in accordance with law by two persons without distinction as to their sex in Article 41 of the Constitution; and if she will make a statement on the matter. [23054/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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When the Government decided on 5 November 2013 that a referendum would be held on the question of enabling same-sex couples to marry, it reiterated its commitment that the freedom of religion of religious solemnisers would be guaranteed. The General Scheme of a Marriage Bill 2015, published on my Department's website on 9 March 2015, set out the framework for the legislation which would be proposed if the referendum on the Thirty-fourth Amendment of the Constitution were passed by the people. That General Scheme made it clear that the issue of guaranteeing the freedom of religion of religious solemnisers will be addressed in that context. Specifically, Head 7 sets out firstly that the legislation will not oblige a religious body to recognise a particular form of marriage ceremony, and secondly that the legislation will not oblige a registered solemniser who is registered in the Register of Solemnisers on behalf of a religious body, to solemnise a marriage in accordance with a form of ceremony which is not recognised by that religious body.

The Marriage Bill 2015, currently at an advanced stage of drafting, will give legislative effect to that principle.