Thirty-ninth Amendment of the Constitution (The Family) Bill 2023: Committee and Remaining Stages
Seanad Éireann — 2024-01-23
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Roderic O'Gorman (GP), Dublin West

I have listened patiently to the Senator and to everybody else and I would expect the same courtesy in return.
The Chief Justice stated yesterday "It seems clear that it is not constitutionally impermissible to distinguish per se between marriage and a long-term relationship, not least because the Constitution makes that distinction itself." Contrary to what Senator Mullen said, marriage is not being deconstructed. That was a statement of our superior courts yesterday in terms of the existing distinction that can be made. As to whether what we are proposing, in terms of the amendment to the definition of "Family", will change that, I do not believe it will. What the family amendment is doing is fundamentally broadening the definition of the constitutional family. It does not take away from the special protection of marriage that exists in the Constitution. I think it is fundamentally important to say that.
To conclude, Senator McDowell stated that the O'Meara case shows why this referendum is not needed. Yes, the O'Mearas won on the basis of an inconsistency in terms of the application of the social welfare legislation. However, the Supreme Court was clear in the case that the definition of the family in the Irish constitution is only one based on marriage. It took a deferential approach and said it would not redefine it. It stated it was up to the Irish people, to us the electorate, to make that change. On 8 March, we have the opportunity to make the change. We have the opportunity to include cohabitees and one-parent families within the protection of our Constitution, but just as importantly within the recognition of our Constitution. This is an important and meaningful change and one that is long overdue.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2024-01-23/debate/main
Retrieved: 2026-08-14T04:52:34+00:00
Sitting date: 2024-01-23