Same-sex couple legislation by spring

by Shaun Connolly, Political Correspondent

Thursday, December 03, 2009

SAME-SEX couples could have their relationships officially recognised by the state by next April under new civil partnership legislation.

Justice and Equality Minister Dermot Ahern is bringing the second stage of the Civil Partnership Bill before the Dáil today with the Government confident it will become law by late spring.

The bill contains a civil legislation scheme for same sex couples which would see them receive many of the same entitlements as spouses in a civil marriage.

The new rights for gay and lesbian couples would cover areas such as protection of the couple’s shared home, domestic violence, residential tenancies, succession, refugee law, pensions and immigration.

They will also receive equivalent treatment to married couples regarding taxation, social welfare and immigration through corresponding changes in Finance and Social Welfare Bills and also amendments to the Immigration, Residence and Protection Bill.

More than 120 acts of the Oireachtas have been amended to provide for equivalent treatment between civil partners and married spouses.

Irish equality legislation is also to be amended, replacing "marital status" with the new ground of "civil status" that includes married couples and same-sex civil partners.

The second part of the bill will cover a cohabitation scheme for unmarried, unrelated cohabitants, whether of the same-sex or the opposite sex. Cohabitants generally will be recognised for a variety of purposes, including domestic violence legislation, wrongful death and succession to residential tenancies.

The minister is believed to have resisted pressure from conservative Catholic lobbying groups who pushed for a so-called "conscience clause" in the legislation to enable registrars who object to same-sex marriage to refuse to perform ceremonies. A Government source said this would run counter to anti-discrimination law and would be equivalent to a registrar being able to refuse to perform mixed-race ceremonies.

The bill is likely to receive cross-party Dáil support, but to face amendments from independent, socially conservative senators in the Seanad.

The Gay and Lesbian Equality Network (GLEN) supports the Bill, but some gay rights groups insist the legislation does not go far enough and same-sex couples should have equal civil marriage rights as they do in South Africa, Canada, Spain, Sweden, Norway, Holland and Belgium.

Civil partnerships became legal in the North in December 2005.

This story appeared in the printed version of the Irish Examiner Thursday, December 03, 2009