3. Marriage Equality Referendum
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Foreword
from the President
Dear Friend,
Young Fine Gael has a proud history in supporting the rights of the Lesbian,
Gay, Bisexual and Transgender (LGBT) community. We are looking forward
to campaigning strongly in favour of Marriage Equality in the upcoming
referendum this May.
Aswitheveryreferendumontheconstitution,wemustcarefullyconsiderwhat
will be the consequences if such a change is to be endorsed by the people.
Young Fine Gael has compiled this document to try and answer as many
questions as possible that you may have about the forthcoming referendum
on Marriage Equality.
In simple terms, we believe that this referendum is about the following:
l Granting equal rights to all citizens of our republic to marry who they love
regardless of their sexual orientation.
l Will not affect children or their rights in any way, shape or form.
This document was authored by members of the Young Fine Gael National
Executive using a number of referenced sources from different organisations
and publications.
We hope that this will address any queries that you may have and hope that
you will vote Yes when the referendum on Marriage Equality is put to the
people in May.
Yours sincerely,
______________________
Dale McDermott
President
Young Fine Gael
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Contents
Introduction
Fine Gael and the LGBT community
What is marriage?
What is civil partnership?
Why are we having a referendum?
The wording
Why marriage? Isn’t civil partnership enough?
Isn’t marriage about religion?
Marriage around the world
Register to vote
What are Fine Gael saying about Marriage Equality?
Resources:
References
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Introduction
In May 2015,Ireland will be the first country in the world to hold a popular vote on Marriage Equality.The world’s eyes will be
on Ireland to see if we vote for Marriage Equality.
Ireland has been on a long journey towards increased Lesbian, Gay, Bisexual and Transgender (LGBT) rights; from the
decriminalisation of homosexuality in 1993, to civil partnerships in 2011 and now a referendum on full Marriage Equality.
Much of the current campaign for Marriage Equality emerged from the ‘KAL’ case. This was the case of,
now Senator, Katherine Zappone and Ann Louise Gilligan who took a case in 2004 against the Revenue
Commissioners to have their Canadian Marriage recognised in Ireland. That case was defeated in the High Court
in 2006 with Ms Justice Elizabeth Dunne ruling against the case. However, tellingly in the judgement she wrote:
Itistobehopedthatthelegislativechangestoamelioratethesedifficultieswillnotbelongincoming.Ultimately,itisfor
thelegislaturetodeterminetheextenttowhichsuchchangesshouldbemade.1
Fine Gael and the LGBT community
Fine Gael andYoung Fine Gael supported the decriminalisation of homosexuality in 1993.Under the Rainbow Government of
Fine Gael and Labour, a range of measures were passed to help protect the LGBT community in Ireland.
In 1996, Taoiseach John Bruton successfully lobbied for the inclusion of protections for LGBT people in the Amsterdam
Treaty. Following that, the first Equality legislation was passed giving specific protections to LGBT People in Ireland.The same
Government also introduced the first piece of legislation regarding LGBT refugees in Ireland.
In 2004,Fine Gael was the first party to propose civil partnerships.This policy was developed by then Senator SheilaTerry and
was included in the party manifesto for the 2007 General Election.
SinceenteringGovernmentin2011,furtherstepsweretakentoimplementfulltaxequalityandcitizenshipequalitytocouples
in civil partnerships. In 2012, Fine Gael LGBT was formed by LGBT members of Fine Gael andYoung Fine Gael, including Jerry
Buttimer,TD the chair of FG LGBT and founder of the group, who was the first Fine GaelTD to“come out” publicly.
In 2014, at the Fine Gael Árd Fhéis, a motion supporting Marriage Equality was passed by a substantial majority.
In 2015,AnTaoiseach Enda Kenny announced the agreed wording2
for the 34thAmendment to the Constitution:
“TheGovernmenttodayactuallymadeahistoricdecisioninapprovingthewordingforthe34thAmendmenttothe
Constitution,whichwillallowforthepeopletodecideonthequestionofequalityofmarriage,whichwillallowfortheright
oftwopeopletomarry,irrespectiveoftheirsexualorientation”.
AnTaoiseachEndaKennyTDspeakingintheDáil3
1. http://www.marriagequality.ie/download/pdf/2006_high_court_judgment.pdf
2. See page 5
3. http://www.irishexaminer.com/ireland/gay-marriage-bill-approval-is-historic-says-enda-kenny-308336.html
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What is marriage?
Marriage is a unique legal status conferred by and recognised by governments the world over. It brings with it a host of
reciprocal obligations, rights and protections.Yet, it is more than the sum of its legal parts; it is also a cultural institution.The
word itself is a fundamental protection, conveying clearly that you and your life partner love each other. It represents the
ultimate expression of love and commitment between two people, and everyone understands that. No other word has that
power, and no other word can provide that protection.
In Ireland, the family (with or without children) based on marriage is protected by the Constitution from attack, and must be
guarded with special care.This means that other families (with or without children) do not have this special, elevated and
protected status in Irish law.
Civil marriage is not the same as religious marriage. Religious marriage is a ceremony in a church, but it is followed by the
signing of the civil marriage register, which is the civil (or legally binding) part.A civil marriage takes place in a registry office
or other approved venue, and has nothing to do with religion.
What is civil partnership?
The civil partnership Act was passed in 2010 with cross party support.The first ceremonies took place in the Spring of 2011.
By the end of 2012, 965 couples had entered into civil partnerships across all counties of Ireland.
Civil partnerships were introduced to solve an immediate need for many LGBT couples in Ireland. civil partnership provides
extensive rights and responsibilities which are marriage like across a wide range of law including, family (or shared) home
issues,maintenance,pensions,housing,domestic violence,annulment,dissolution and remedies on dissolution,succession and
statutory provision on equality.In addition,other complementaryActs have followed extending equal recognition of status for
civil partnership and marriage in areas covering taxation, social welfare and equal treatment in immigration policy.4
Why are we having a referendum?
In Ireland a referendum is required on Marriage Equality to alter the Supreme Court’s definition of marriage currently being
between a man and a woman. To overturn this, and ensure it cannot be changed by the Supreme Court in the future, a
constitutional change is required.
The Government initially referred the issue to the Constitutional Convention who voted overwhelming for change to the
constitution that would be“directive” rather than“permissive” on Marriage Equality.5
4. http://www.glen.ie/page.aspx?contentid=6524
5. https://www.constitution.ie/AttachmentDownload.ashx?mid=b4bee9f7-fda4-e211-a5a0-005056a32ee4
7. Marriage Equality Referendum
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The wording
OnWednesday January 21st Minister for Justice Equality,Frances FitzgeraldTD announced the agreed Government wording
for the referendum:
“Marriagemaybecontractedinaccordancewithlawbytwopersonswithoutdistinctionastotheirsex”.6
This wording is simple, concise and reflective of wording used throughout the constitution.
Why marriage? Isn’t civil partnership enough?
Although civil partnership in Ireland marked an important step in recognition for lesbian,gay,bisexual and transgender people,
there is still some work to be done to reach our ultimate goal of equality for same sex couples and their children. There are
over 160 statutory differences between civil partnership and civil marriage. Many of these differences have been corrected
however due to changes to legislation in recent years – including many around finance and taxation.
And yet some very important inequalities remain. For example, civil partnership:
l does not permit children to have a legally recognised relationship with their parents - only the biological one.This causes
all sorts of practical problems for hundreds of families with schools and hospitals as well as around guardianship, access
and custody. In the worst case, it could mean that a child is taken away from a parent and put into care on the death of the
biological parent.
l does not recognise same sex couples' rights to many social supports that may be needed in hardship situations and may
literally leave a loved one out in the cold.
l defines the home of civil partners as a shared home, rather than a family home , as is the case for married couples.This
has implications for the protection of dependent children living in this home and also means a lack of protection for civil
partners who are deserted.7
Isn’t marriage about religion?
A civil marriage is a marriage which takes place in a registry office or other non-church venue.Religious marriage is a ceremony
followed by the signing of the civil marriage register, which is the legally binding part of the event. Because of this traditional
role in sanctifying marriages it is easy to think of marriage as a religious rite only, but this is not the case. It is vital to separate
legal marriage in the secular, or civil sense, from holy matrimony in the religious, or spiritual sense.
The Marriage Equality debate is about how the Government should treat its citizens and how the laws on marriage should be
enforced.The Government is separate from and independent of religion and churches, and must define marriage in a manner
consistent with the secular principles upon which the Government and the laws are founded.
6. http://www.merrionstreet.ie/en/News-Room/News/Government_announces_wording_for_Marriage_Equality_referendum.html
7. http://www.marriagequality.ie/getinformed/marriage/faqs.html
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Some people worry that if same sex couples are allowed to marry, then religious institutions will be forced to marry
couples against their wishes or beliefs. However, just as Ireland's divorce legislation did not force religious institutions
to remarry divorced people, legalising Marriage Equality will not require these institutions to marry same sex couples -
though several religious institutions (the Unitarian Church,the Religious Society of Friends / Quakers,etc) would be happy
to do so.
Marriage around the world
The Netherlands was the first country to bring in Marriage Equality in 2001 and since then it has been legalised in different
countries across the world.These countries introduced Marriage Equality through legislation and court rulings and not by
popular vote.10
In the United States, Marriage Equality is legalised across many states. 2014 was a landmark year with states from North
West ofAlaska to South East Florida implementing Marriage Equality.
Three US states adopted Marriage Equality through a popular vote, these were Maine andWashington in December 2012
and Maryland in January 2013.
Belgium 2003
Spain 2005
Canada 2005
SouthAfrica 2006
Norway 2009
Sweden 2009
Portugal 2010
Iceland 2010
Argentina 2010
Denmark 2012
Brazil 2013
France 2013
Uruguay 2013
New Zealand 2013
UK: England, Scotland Wales 2014
Luxembourg 2014
World-Wide
10. http://www.marriagequality.ie/download/pdf/5_reasons_to_support_marriage_equality.pdf
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1 Alaska (Oct. 17, 2014),
2 Arizona (Oct. 17, 2014),
3 California (June 28, 2013),
4 Colorado (Oct. 7, 2014),
5 Connecticut (Nov. 12, 2008),
6 Florida (Jan. 6, 2015),
7 Idaho (Oct. 13, 2014),
8 Indiana (Oct. 6, 2014),
9 Iowa (Apr. 24, 2009),
10 Kansas (Nov. 12, 2014),
11 Massachusetts (May 17, 2004),
12 Montana (Nov. 19, 2014),
13 Nevada (Oct. 9, 2014),
14 New Jersey (Oct. 21, 2013),
15 New Mexico (Dec. 19, 2013),
16 North Carolina (Oct. 10, 2014),
17 Oklahoma (Oct. 6, 2014),
18 Oregon (May 19, 2014),
19 Pennsylvania (May 20, 2014),
20 South Carolina (Nov. 20, 2014),
21 Utah (Oct. 6, 2014),
22 Virginia (Oct. 6, 2014),
23 WestVirginia (Oct. 9, 2014),
24 Wisconsin (Oct. 6, 2014),
25 Wyoming (Oct. 21, 2014).11
Eight states brought in Marriage
Equality through their state
legislatures, these were:
1 Delaware (July 1, 2013),
2 Hawaii (Dec. 2, 2013),
3 Illinois (June 1, 2014),
4 Minnesota (Aug. 1, 2013),
5 NewHampshire (Jan. 1, 2010),
6 NewYork (July 24, 2011),
7 Rhode Island (Aug. 1, 2013),
8 Vermont (Sep. 1, 2009).12
InApril 2015, the US Supreme Court will hear four cases from Kentucky, Ohio, Michigan andTennessee
on Marriage Equality and this could see Marriage Equality introduced across all the 50 states.13
UNITED STATES OF AMERICA
11. http://gaymarriage.procon.org/view.resource.php?resourceID=004857
12. http://gaymarriage.procon.org/view.resource.php?resourceID=004857
13. http://www.freedomtomarry.org/pages/marriage-cases-seeking-supreme-court-review
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What are Fine Gael saying about Marriage Equality?
Enda KennyTD,
AnTaoiseach and Leader of
Fine Gael
“As head of government I think
this is about love and respect
and dignity and tolerance and
equality. I believe strongly this
is a unique opportunity to
show tolerance and respect.
If two people love each
other, that’s the issue, it’s
about equality”.14
Frances
FitzgeraldTD,
Minister for Justice Equality
“I was so impressed at our Árd
Fheis, when we passed the motion
[supporting Marriage Equality] and we
had literally hundreds of people in
the room”.15
SIMON COVENEYTD,Minister forAgriculture,Food and Marineand Minister for Defence“People who love each other and want tocommit their lives to each other and want totake on the responsibility of getting married,I think the State should be ensuring that theyhave equal treatment to other couple”.17
Brian HayesMEP,
Former Minister of State for
Finance and MEP for Dublin
“We can’t take this for granted, it’s far
too serious. I think it would be a disaster
for the country if this went down - in
terms of reputation, in terms of our
standing internationally”.18
Register to vote
As with any election,decisions are made by those who show up.If you want to voteYes this May,make sure you
are registered to vote.To check, go to www.checktheregister.ie and make sure you are registered. If it turns out
that you are not registered to vote, print off the form, fill it in and send to your local authority.
14. http://www.irishexaminer.com/ireland/marriage-equality-poll-is-all-about-love-not-children-309571.html
15. http://www.irishtimes.com/news/crime-and-law/same-sex-marriage-vote-should-not-be-taken-for-granted-minister-1.2054509
16. http://www.irishtimes.com/news/politics/leo-varadkar-takes-a-stand-on-the-same-sex-marriage-referendum-1.2070531
17. http://www.irishexaminer.com/ireland/ill-fight-for-same-sex-marriage-284211.html
18. http://www.independent.ie/irish-news/politics/labour-minister-warns-samesex-marriage-poll-faces-shock-defeat-30874701.html
LeoVaradkarTD,
Minister for Health
“I would like the referendum to be passed
because I would like to be an equal citizen
in my own country, the country in which
I happen to be a member of Government,
and at the moment I’m not”.16
11. Marriage Equality Referendum
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Resources
For more information on the referendum campaign, visit
Yes Equality who are co-ordinating the yes campaign
on behalf of all LGBT groups and their allies.
Web: www.yesequality.ie
Twitter: www.twitter.com/YesEquality2015
Facebook: https://www.facebook.com/yesequality
References
http://www.marriagequality.ie/getinformed/marriage/
faqs.html
https://www.constitution.ie/AttachmentDownload.ashx?mid=b4bee9f7-fda4-
e211-a5a0-005056a32ee4
http://www.merrionstreet.ie/en/News-Room/News/Government_announces_wording_for_Marriage_Equality_referendum.html
http://www.childrensrights.ie/content/children-and-family-relationships-bill
http://www.marriagequality.ie/download/pdf/5_reasons_to_support_marriage_equality.pdf
http://gaymarriage.procon.org/view.resource.php?resourceID=004857
http://www.freedomtomarry.org/pages/marriage-cases-seeking-supreme-court-review
http://www.marriagequality.ie/getinformed/mythbusters.html#X-201106301525314
http://www.irishexaminer.com/ireland/marriage-equality-poll-is-all-about-love-not-children-309571.html
http://www.rte.ie/news/2013/1105/484662-same-sex-marriage/
http://www.irishtimes.com/news/crime-and-law/same-sex-marriage-vote-should-not-be-taken-for-granted-minister-1.2054509
http://www.irishtimes.com/news/politics/leo-varadkar-takes-a-stand-on-the-same-sex-marriage-referendum-1.2070531
https://www.yesequality.ie/lets_talk/
12. Fine Gael National Headquarters, 51 Upper Mount Street, Dublin 2
Phone: 01 619 8444 Fax: 01 662 5046
Email: yfg@yfg.ie Web: www.yfg.ie
