Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015

The Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015 (bill no.5 of 2015) is a proposed amendment to the constitution of Ireland to mandate provision for same-sex marriage. The bill was introduced to the Oireachtas in January 2015 by the Fine Gael–Labour government, and passed in March, in time for a referendum to be held on 22 May 2015; all constitutional amendments must be put to referendum.

Background

Katherine Zappone and Ann Louise Gilligan lost a case in the High Court in 2006 for the recognition by Ireland of their Canadian same-sex marriage.[1] The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 instituted civil partnership in Irish law. After the 2011 general election, the Fine Gael and Labour parties formed a coalition government, whose programme included the establishment of a Constitutional Convention to examine potential changes on specified issues, including "Provision for the legalisation of same-sex marriage". The Convention considered the issue in May 2013 and voted to recommend that the state should be required, rather than merely permitted, to allow for same-sex marriage.[2] Its report was formally submitted in July and the government formally responded in December, when Taoiseach Enda Kenny said a referendum would be held by May 2015.[3] In January 2015, the wording of the proposed amendment was agreed at a special cabinet meeting and published in the press, and the bill was formally introduced in the Dáil by the Minister for Justice and Equality, Frances Fitzgerald.[4][5]

A separate Children and Family Relationships Act 2015 was passed in April 2015. This included adoption rights for same-sex couples.[6] The general scheme of this bill had been published for consultation in January 2014,[7] and in 2015 it was passed by the Dáil on 12 March and the Seanad on 30 March.[8][9] The legislation is yet to come into force.

Wording

The bill as introduced proposes to insert a new subsection 4 to Article 41 of the Constitution. The English text would be:[10]

Marriage may be contracted in accordance with law by two persons without distinction as to their sex.

The corresponding Irish text, as proposed at committee stage, is:[11]

Féadfaidh beirt, gan beann ar a ngnéas, conradh pósta a dhéanamh de réir dlí.

Irish wording

The Irish text of the bill as introduced was:[10]

Féadfaidh beirt, cibé acu is fir nó mná iad, conradh a dhéanamh i leith pósadh de réir dlí.

The text in Irish and English is intended to have the same meaning; in the event of a conflict, the Irish version takes precedence.[12][13]

Journalist Bruce Arnold argued against the bill in two articles in The Irish Times; the first attacked the substance of the change,[14] while the second focused on alleged issues with the Irish text.[12] Arnold argued that the Irish text describes only same-sex couples, thus rendering opposite-sex marriage illegal.[12] Government sources pointed out the words impugned by Arnold ("beirt" and "cibé acu is fir nó mná") are already used with similar intent elsewhere in the constitution.[15] Counterpoints from legal academics were that Arnold's strict constructionist interpretation would be trumped by the doctrine of absurdity, and that failure to mention opposite-sex marriage would not make it illegal.[15] Some argued that the Irish text should nevertheless be changed to remove all doubts.[15] Enda Kenny announced on 10 March 2015 that such a change would be made.[16] Frances Fitzgerald moved the amendment in the Dáil the following day.[11]

According to the Referendum Commission, if the referendum is passed:[17]

Debate

All four main parties in the Dáil support the bill: the governing Fine Gael and Labour, and the opposition Fianna Fáil and Sinn Féin. Members of the Green Party, Anti-Austerity Alliance, and independent Technical group are also on record in support of the amendment.[18] "Yes Equality" is an umbrella campaign by Gay and Lesbian Equality Network, the Irish Council for Civil Liberties and Marriage Equality.[19]

Martin Mansergh said he believed the referendum would be a "dry run" for a future repeal of the "pro-life" Eighth Amendment.[20]

The Irish Catholic Bishops' Conference is opposed, and has distributed a booklet to all parishes.[21][22]

In January 2015, Changing Attitude Ireland – a Church of Ireland LGBT group – welcomed the publication of the wording of the Marriage Equality Referendum. Dr Richard O’Leary, the organisation’s chair, said that marriage should be “available to couples without distinction as to their sex”, just as civil marriage “may be contracted by two persons without distinction as to their race or religion”.[23]

In February 2015, the Church of Ireland announced that it was not taking a stance, but is urging its members to vote according to their conscience.[23][24]

In February 2015, the Methodist Church in Ireland issued a statement supporting the traditional view of marriage as being between a man and woman.[25]

In April 2015, the leaders of the Presbyterian Church in Ireland issued a statement advocating a no vote, saying "the change proposed in the same-sex marriage referendum denies the rights of children and the natural responsibilities of a father and a mother in nurturing them".[26]

The Islamic Centre in Ireland issued a statement stating that "As Muslims we must believe in equality and inclusiveness. People should not be discriminated for any reason. It is important to humanise people and not to de humanise. The Islamic tradition teaches to hate the sin but not the sinner. The attitude of some Muslims towards homosexuals is incompatible with the spirit of mercy and kindness in Islam. The Irish constitution guarantees all Irish citizens the freedom of conscience and Muslims must exercise this right when voting on 22nd May 2015."[27]

Some legal academics claimed that extending marriage to same-sex couples did not require a constitutional amendment and could have been accomplished by an ordinary Act of the Oireachtas.[28][29] Then-minister Shatter disagreed in November 2013, stating that there was "ample case law" to the effect that "marriage is understood as being between one man and one woman".[30]

The civic group called Mothers and Fathers Matter chaired by Prof. Ray Kinsella, formed in 2014 to oppose the Children and Family Relationships Bill also opposes the 2015 Marriage Referendum.[31][32] It is also opposed by the Iona Institute Catholic pressure group, who have been criticised for failure to register with the Standards in Public Office Commission (SIPO), as required by law.[33][34][35]

The Bill was debated in the Dáil on 10 and 11 March 2015. Several deputies from different parties spoke in favour. The only speaker to oppose it was independent TD Mattie McGrath; it was passed without a division. It was then debated in the Seanad on 25 and 27 March. Votes were held on a number of proposed amendments, all of which were defeated, and the Bill was finally passed by 29 votes to three. Among those speaking in favour was Katherine Zappone, now a Senator. Those who voted against were Senators Rónán Mullen, Jim Walsh and Feargal Quinn; the opposition amendments were also supported by Senator Fidelma Healy Eames.[36]

In March 2015, the Department of Justice published the general scheme of the Marriage Bill 2015. The bill set out the changes to be made to legislation if the proposed amendment is approved. These changes include removing the current legislative bar on same-sex couples marrying, addressing the situation of civil partnership, and updating terminology of existing legislation to reflect the new provision.[37][38]

In April 2015 a petition initiated by a number of religious groups, including the Islamic Cultural Centre of Ireland, the Irish Council of Imams, the Galway branch of the Reformed Presbyterian Church and a number of individuals, called for a "conscience clause", which would allow individuals and businesses to discriminate against same-sex couples in the provision of goods and services. In response, Taoiseach Enda Kenny said: "The Government has made its decision very clear here in respect to the question that the people will be asked on the 22nd of May. That question of course is to give their approval, if they see fit and I hope they do, to allow for marriage in civil law irrespective of sexual orientation." Brendan Howlin said said "The one issue at the core of this referendum is equality under the Constitution and anything else is extraneous."[39]

Referendum

The government intends to hold simultaneous referendums on 22 May 2015, on the marriage bill and another constitutional amendment, to reduce the age of candidacy for the presidency.[40][41] A Dáil by-election in Carlow–Kilkenny will be on the same day.[40]

Opinion polls

Opinion polls on issue of same-sex marriage or voting intention in marriage referendum
Date Yes No Dont know
[n 1]		 Polling org. Commissioned by References
25 April 2015 72 20 8 Red C Sunday Business Post [42]
17 April 2015 77 14 9 Amárach Research RTÉ - Claire Byrne Live <ref name=RTE_17042015">"Are we on course for a record referendum turnout?". RTÉ News. 17 April 2015. Retrieved 26 April 2015.</ref>
27 March 2015 74 26 N/A[n 2] IPSOS/MRBI The Irish Times [43]
24 January 2015 77 22 Red C Sunday Business Post [44][45]
8 December 2014 71 17 12 IPSOS/MRBI The Irish Times [46]
October 2014 76 24 N/A[n 2] IPSOS/MRBI The Irish Times [46]
April 2014 67 21 12 IPSOS/MRBI The Irish Times [47]
20 February 2014 76 19 5 Red C Sunday Business Post / Prime Time [48][49]
7 November 2013 76 18 6 Red C Paddy Power [49][50]
November 2012 53 30 17 IPSOS/MRBI The Irish Times [47]
Notes
  1. ↑ Don't know, undecided, or refused to answer
  2. ↑ 2.0 2.1 Yes:No percentages excluding respondents refusing to answer or uncertain.

Support is strongest among younger voters.[49][47][43] Sinn Féin and Labour voters are somewhat more in favour than Fine Gael and Fianna Fáil.[49][43] Among those intending to vote yes in January 2015, 33/77 had "some reservations about same-sex marriage", and 29/77 had "some reservations about adoption by gay couples".[45]

References

  1. ↑ "Zappone & Anor -v- Revenue Commissioners & Ors". Judgments. Courts Service of Ireland. pp. [2006] IEHC 404. Retrieved 23 January 2015.
  2. ↑ "Same-sex marriage report submitted to Government by Convention on the Constitution". Constitutional Convention. 2 July 2013. Retrieved 14 August 2013.
  3. ↑ "Third Report of the Constitutional Convention - Same-Sex Marriage: Statements". Dáil Éireann debates. 17 December 2013. p. 35. Retrieved 3 February 2014.
  4. ↑ McGee, Harry (22 January 2015). "Same-sex marriage referendum wording published". The Irish Times. Retrieved 23 January 2015.
  5. ↑ "Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015". Oireachtas. January 2015. Retrieved 23 January 2015.
  6. ↑ Collins, Stephen (21 January 2015). "Gay adoption law due before same-sex marriage referendum". The Irish Times. Retrieved 23 January 2015.
  7. ↑ "Minister Shatter publishes General Scheme of Children and Family Relationships Bill for consultation". Press releases. Department of Justice and Equality. 30 January 2014. Retrieved 27 January 2015.
  8. ↑ "Children and Family Relationships Bill 2015 (Number 14 of 2015)". Bills. Oireachtas. Retrieved 31 March 2015.
  9. ↑ Minihan, Mary (31 March 2015). "What happens next to the Children and Family Relationships Bill?". The Irish Times. Retrieved 31 March 2015.
  10. ↑ 10.0 10.1 "Bill as introduced" (PDF). Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015. Oireachtas. January 2015. Retrieved 23 January 2015.
  11. ↑ 11.0 11.1 "Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015: Committee and Remaining Stages". Dáil Éireann debates. Oireachtas. 11 March 2015. Retrieved 11 March 2015.
  12. ↑ 12.0 12.1 12.2 Arnold, Bruce (20 February 2015). "Uncertainty in wording of ‘marriage equality’ Bill seriously threatens Constitution". The Irish Times. Retrieved 5 March 2015.
  13. ↑ "Constitution of Ireland". Irish Statute Book. Article 25.5.4°. Retrieved 10 March 2015. In case of conflict between the texts of any copy of this Constitution enrolled under this section, the text in the national language shall prevail.
  14. ↑ Arnold, Bruce (12 February 2015). "Head to head: Why we should vote against the same-sex marriage referendum". The Irish Times. Retrieved 5 March 2015.
  15. ↑ 15.0 15.1 15.2 McGee, Harry (25 February 2015). "Experts say constitutional changes should look at subtlety of Irish translation". The Irish Times. Retrieved 5 March 2015.
  16. ↑ "Irish version of proposed amendment to allow for gay marriage to be rephrased". RTÉ. 10 March 2015. Retrieved 10 March 2015.
  17. ↑ "Marriage Referendum - Effect of this proposal". Referendum Commission. Retrieved 13 April 2015.
  18. ↑ Murphy, Catherine. "#VoteWithUs Campaign: Politicians". VoteWithUs.org. VoteWithUs.org. Retrieved 14 March 2015.
  19. ↑ "Yes Equality". Retrieved 31 March 2015.
  20. ↑ Downing, john (2 February 2015). "World is watching our same-sex vote, warns top Fianna Fail adviser". Evening Herald. Retrieved 2 February 2015.
  21. ↑ Duffy, Rónán (3 December 2014). ""God’s Plan for Marriage" is being distributed to 1,300 parishes ahead of referendum". TheJournal.ie. Retrieved 31 March 2015.
  22. ↑ Irish Catholic Bishops’ Conference (December 2014). "The Meaning of Marriage" (PDF). Retrieved 31 March 2015.
  23. ↑ 23.0 23.1 "Same Sex Marriage Church of Ireland". The Journal. 2 February 2015. Retrieved 22 April 2015.
  24. ↑ McGarry, Patsy (2 February 2015). "Church of Ireland not to take a stance on same-sex referendum". The Irish Times. Retrieved 2 February 2015.
  25. ↑ A Yes vote in the referndum will undermine the principle of equality : An evangelical response to the same sex referendum Irish Times.
  26. ↑ Presbyterian Church Favours a No Vote Belfast Telegraph
  27. ↑ Islamic Centre Same-sex Marriage Referendum
  28. ↑ O'Mahony, Conor (24 March 2014). "Is a referendum needed to introduce same-sex marriage?". The Irish Times. Retrieved 31 March 2015.
  29. ↑ Daly, Eoin (15 July 2012). "Same-sex marriage doesn't need a referendum". Human Rights in Ireland. Retrieved 31 March 2015.
  30. ↑ "Written Answer No.120: Constitutional Amendments". Dáil Éireann debates. 28 November 2013. Retrieved 31 March 2015.
  31. ↑ About Us Mothers and Fathers matter.
  32. ↑ Mothers and Fathers launch No Referendum campaign Irish Times, 18 April 2015.
  33. ↑ "Register of Third Parties". Standards in Public Office Commission. Retrieved 31 March 2015.
  34. ↑ "Seanad Éireann debate transcript". Oireachtas. Retrieved 31 March 2015.
  35. ↑ "Regulation of Lobbying Bill 2014: Seanad Debate Second Stage". Department of Public Expenditure and Reform. 29 January 2015. Retrieved 31 March 2015.
  36. ↑ Seanad debates, 27 March 2015
  37. ↑ DRAFT of GENERAL SCHEME OF MARRIAGE BILL 2015
  38. ↑ Religious solemnisers will not be obliged to perform same-sex marriage
  39. ↑ Referendum Petition www.rte.ie, 15 April 2015.
  40. ↑ 40.0 40.1 "Wording of same-sex marriage referendum published". RTÉ.ie. 21 January 2015. Retrieved 26 January 2015.
  41. ↑ "Ireland Sets Date For Same Sex Marriage Vote". Sky News. 20 February 2015.
  42. ↑ "Poll suggests drop in Govt parties support". RTÉ News. 25 April 2015. Retrieved 26 April 2015.
  43. ↑ 43.0 43.1 43.2 Collins, Stephen (27 March 2015). "Poll shows same-sex marriage referendum could be close". The Irish Times. Retrieved 31 March 2015.
  44. ↑ "Poll shows reservations on same-sex marriage remain". RTÉ. 25 January 2015. Retrieved 31 March 2015.
  45. ↑ 45.0 45.1 "Opinion Poll" (PDF). Red C. 25 January 2015. pp. 11–13. Retrieved 31 March 2015.
  46. ↑ 46.0 46.1 O'Connell, Hugh (8 December 2014). "First poll finds large majority in favour of same sex marriage". TheJournal.ie. Retrieved 31 March 2015.
  47. ↑ 47.0 47.1 47.2 Quann, Jack (1 July 2014). "Ireland will hold same-sex marriage referendum in Spring 2015". Newstalk.
  48. ↑ "Poll finds strong support for same-sex marriage". RTÉ. 20 February 2014. Retrieved 31 March 2015.
  49. ↑ 49.0 49.1 49.2 49.3 "Same-Sex Marriage Poll" (PDF). Red C. 20 February 2014. Retrieved 31 March 2015.
  50. ↑ Bohan, Christine (7 November 2013). "First poll finds large majority in favour of same sex marriage". Retrieved 31 March 2015.

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