Comments on: Partnership Bill introduced in Ireland

By: Timothy (TRiG)

Timothy (TRiG) — Thu, 10 Dec 2009 01:11:44 +0000

There’s nothing explicit in Bunreacht na hÉireann defining marriage, but I think most lawyers say the framers of the constitution knew what they meant by marriage, and we should follow that until such time as we have a referendum. It took two referenda to allow divorce in this country.

The group MarriagEquality disagree, and think marriage would be possible without a referendum. At the moment, polls suggest a referendum would pass, but the naysayers haven’t started campaigning yet, so who knows.

TRiG.

By: Timothy Kincaid

Timothy Kincaid — Fri, 04 Dec 2009 19:00:36 +0000

Vancity,

I too do not see language in the Irish Constitution that would disallow same sex marriage.

However, it is my impression (as an American I don’t assume my impression is correct) that few if any prominent politicians – even those who speak of eventually achieving marriage equality – believe that it can come through legislation without a constitutional change.

By: Vancity

Vancity — Fri, 04 Dec 2009 05:43:04 +0000

“A provision allowing marriage would not be possible by means of legislation as most politicians agree that such a law would require national referendum to change to the wording of the constitution.”

Well, the Irish Constitution does state: “The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.” (art. 41.1.1)

And: “The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.” (art. 41.3.1)

However, I don’t see anything in here that would prevent same-sex marriage. The only folks who see same-sex marriage as unconstitutional are those who view same-sex marriage as an “attack” on the family — which, of course, it is not.