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  1. #1
    Hitch 22 Hitch 22 is offline

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    Is gay marriage already legal under the Irish Constitution?

    An interesting letter has appeared in today's Irish Times:

    The Irish Times - Readers Letters and Feedback


    Nowhere in the Constitution does it specify that marriage is comprised of a union between and man and a woman. Nowhere does it make reference to a “father” and or “mother” which might imply marriage to be between a man and a woman (even though that naming convention would more accurately be used to describe the parentage of a child as opposed to who their parents are married to).

    Can someone in Government, or someone with a legal background, explain why a constitutional referendum is required? Perhaps there is precedent that states or implies such an arrangement, but it would be good to know.
    The letter writer continues:

    Article 40. 1 of the Constitution, which expressly states: “All citizens shall, as human persons, be held equal before the law.”
    So could it be that gay marriage is in fact already legal and no referendum is actually required?
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  2. #2
    Knapaghbeg Knapaghbeg is offline

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    Quote Originally Posted by Hitch 22 View Post
    An interesting letter has appeared in today's Irish Times:

    The Irish Times - Readers Letters and Feedback



    The letter writer continues:



    So could gay marriage already be legal and no referendum is actually required?


    A good question. Might polygamous marriage be permitted under the constitution?
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  3. #3
    Vega1447 Vega1447 is offline
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    I think the problem is that the Divorce Amendment didn't allow for Gay Divorce. And you can't have Marriage without Divorce.

    Seriously, posters on this site seem to be obsessed with Gay Marriage.
    Anyone would think that ... a lot of you are ... Gay.
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  4. #4
    TheYouthVote TheYouthVote is offline
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    The only way to test I suppose would be for a bill allowing same-sex couples to get married, to be passed through the Oireachtas. If any of the opposition parties draft it, it'll be voted down. Fine Gael are running hot/cold on it and Labour if they had any brains might draft one themselves alas no.
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  5. #5
    Rufty Rufty is offline
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    Quote Originally Posted by Hitch 22 View Post
    An interesting letter has appeared in today's Irish Times:

    The Irish Times - Readers Letters and Feedback



    The letter writer continues:



    So could it be that gay marriage is in fact already legal and no referendum is actually required?

    The High Court ruled previously that the ethos of the document (Bunreacht na hÉireann) would infer that the meaning of marriage as written is specific to the marriage of a man and a woman (given the earlier references to Catholic sentiment and the outlay referencing God in a Catholic manner). This was the finding of Judge Elizabeth Dunne in 2006 after a case was brought by Senator (then simply Dr.) Katherine Zappone and Dr Ann Louise Gilligan after they had legally been married in Canada for almost 30 years. I believe that they were due to appeal this to the Supreme Court this year (last month if I'm not mistaken) but I haven't heard anything since. If the Supreme Court sides with the High Court ruling (very likely given the lack of new evidence) then the referendum would in fact be needed.

    Think the government should just get over it and call the referendum so we can bring Ireland into the 21st Century with a Yes vote!
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  6. #6
    Boggle Boggle is offline

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    Quote Originally Posted by Knapaghbeg View Post
    A good question. Might polygamous marriage be permitted under the constitution?
    Deleted for being rubbish!
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  7. #7
    Keith-M Keith-M is offline
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    Quote Originally Posted by Knapaghbeg View Post
    A good question. Might polygamous marriage be permitted under the constitution?

    Or incestuous marriage (without sexual intercourse).
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  8. #8
    MariaMcN MariaMcN is offline

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    Is this site 'Gay-marriage.ie'?
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  9. #9
    MariaMcN MariaMcN is offline

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    Quote Originally Posted by Vega1447 View Post
    I think the problem is that the Divorce Amendment didn't allow for Gay Divorce. And you can't have Marriage without Divorce.

    Seriously, posters on this site seem to be obsessed with Gay Marriage.
    Anyone would think that ... a lot of you are ... Gay.
    Me too.
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  10. #10
    Boggle Boggle is offline

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    Quote Originally Posted by Vega1447 View Post
    I think the problem is that the Divorce Amendment didn't allow for Gay Divorce. And you can't have Marriage without Divorce.

    Seriously, posters on this site seem to be obsessed with Gay Marriage.
    Anyone would think that ... a lot of you are ... Gay.
    Not gay but... what of letting gay people marry? costs me nothing but if it makes them happy, let them.

    Enough real problems to worry about in life without unnecessary man-made llusions/obstacles making you sad.
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