Same-sex Marriage Referendum in Ireland

Your wedding day is supposed to be one of the happiest days of your life but many in Ireland are denied the right to be married regardless of the fact that the constitution provides special protection for Marriage in Article 41.3.1.[1]  This is because it was established in Ireland in 1985[2], and later reaffirmed by Justice Murray, that marriage is a “solemn contract of partnership entered into between a man and a woman.”[3] There have been challenges to the principle established in these cases which, though unsuccessful, have resulted in increased recognition and protection for same-sex couples.[4] One of these stepping stones was the Civil Partnership and Certain Rights & Obligations Act 2010 which allowed same-sex couples to enter into civil partnership; this act however denied the same couples the right to marry. In 2011 Marriage Equality released a report which highlighted over 160 differences between civil partnership and civil marriage; same-sex couples are denied many rights that heterosexual ones gain through marriage. [5] The Tánaiste himself stated that “marriage for gay [couples] is a human right” and called for a referendum in 2012; now two years later a referendum for same-sex marriage has been announced and the date is set for the spring of 2015. 

While the opinion polls are in favour of same-sex marriage, there are fears that opposition campaigns will force many to refrain from voting as happened with the children’s referendum. The flood of illogical arguments against gay marriage has already begun as an organization called Mothers and Fathers Matter has claimed that legalizing same-sex marriage will hurt children. This is despite the evidence gathered by many organizations including the American Sociological Association who concluded through exhaustive studies that “children fare just as well when raised by same-sex parents[6].” Last year in the United States Supreme Court it was stated as the majority opinion in the case of Unites States v Windsor[7] that “denying gay couples the right to marry is harmful to children.”[8] Hopefully Irish Citizens will not be caught up in the politics of fear and will be able to recognise that oftentimes change is good. Whatever your opinion on same-sex marriage, make sure to do your research, consider the opinion of others, and make an unbiased decision based on the question: What is in the best interests of the people?[9]

On that note, everyone should be aware that the time to register to vote is coming to a close so if you haven’t gotten the chance yet, head down to your local county council office as soon as possible! If you have already completed that step, make sure to check that your name is actually on the register at http://www.checktheregister.ie. Coincidentally, October 30^th is National Voter Registration Day which is being hosted by SpunOut.ie and the Union of Students in Ireland, so make sure to look out for representatives who will be signing people up to vote!

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[1] The Constitution of Ireland Article 41.3.1

[2] Murray v Ireland [1985] IR 532

[3] T v T [2003] ILRM 321

[4] Zappone v Revenue Commissioners [2006] IEHC 404

[5] Marriage Equality (2011)  Missing Pieces. Available at: http://www.marriagequality.ie/getinformed/missingpieces/missingpieces.html [Accessed 27 October 2014]

[6] Cohen, P. 2013, ‘The supreme court kills the ‘gay marriage is bad for kids’ argument’, The Atlantic, 26 June. Available at: http://www.theatlantic.com/sexes/archive/2013/06/the-supreme-court-kills-the-gay-marriage-is-bad-for-kids-argument/277242/ [Accessed 27 October 2014]

[7] 570 U.S. (2013) (Docket No. 12-307)

[8] n.6

[9]  Finlay, F. 2014, ‘Fears about the traditional family unit are born of propaganda’, Irish Examiner, 21 October. Available at:  http://www.irishexaminer.com/viewpoints/columnists/fergus-finlay/fears-about-the-traditional-family-unit-are-born-of-propaganda-292258.html#.VEZTBABIL89.facebook [Accessed 27 October 2014]


Sinead MacFhionnlaoich
GCD FLAC