Allow same-sex couples to marry, say Greens

SAME-SEX couples should be allowed marry and adopt children, the Green Party has said.

Launching its policy document on marriage and partnership rights yesterday, the party rejected the suggestion that a legally inferior category of relationship had to be created for same-sex couples.

“To relegate same-sex couples to some inferior marriage-like institution is to deny them their human rights, their dignity and their rights as citizens of this State,” it said.

The party pointed to Holland, Belgium, Spain, Canada and the US state of Massachusetts as examples of places where same-sex couples were allowed to marry.

“The Green Party believes that same-sex couples should have the opportunity to avail of the rights and responsibilities of marriage [including the right to seek to adopt a child]. We see no coherent argument to the contrary,” the party said.

It said that the Constitution did not define marriage as a union solely between a man and a woman.

The relevant article of the Constitution, 41.3.1, states: “The State pledges to guard with special care the institution of marriage, on which the family is founded, and to protect it against attack.”

However, in a report in the mid-90s, the Constitution Review Group pointed out that Article 41 had been “heavily influenced by Roman Catholic teaching and Papal encyclicals”, and therefore been written with the traditional view of marriage in mind.

But the party pointed out that “no definitive conclusion” had been reached on the matter, and called for legislation to be introduced to “make all terms connected to marriage gender neutral, thus permitting same-sex marriage”.

The party conceded that such a bill would “almost certainly” have to be referred to the Supreme Court to test its constitutionality, but believed the court “would be unlikely” to strike it down.

The party also said legal supports should be enhanced for both heterosexual and same-sex couples who did not wish to wed.

Partners in a civil partnership should have “significant rights and responsibilities” in the areas of property, succession, maintenance, social welfare, taxation, pensions, medical issues, family reunification and children, the party said.