Human rights watchdog in favour of gay marriage

The State’s independent human rights watchdog has come out strongly in favour of extending marriage to gay people.

The Irish Human Rights and Equality Commission said such a move — as proposed in a forthcoming referendum — was “a matter of equality and human rights”.

Chief Commissioner Emily Logan said the current constitutional position as interpreted by the Supreme Court — restricting marriage to that between a man and a woman — does not provide “full recognition and equality” for same-sex couples.

The marriage equality referendum — due to take place in May — proposes to amend Article 41 of the Constitution to state: ‘Marriage may be contracted in accordance with law by two persons without distinction as to their sex.’

Ms Logan said: “The opening up of civil marriage to two persons, without distinction as to their sex, is a matter of equality and human rights. After reviewing human rights and equality standards and case-law from other countries, the commission considers that the current constitutional position relating to marriage does not provide full recognition and equality of status for same-sex couples in a way that would underpin wider equality for people in Irish society.”

She said marriage was celebrated in Ireland “as a key part of an individual’s and a family’s participation in the social and cultural life” of the State.

“By excluding couples from participation in a social and cultural institution on the basis of their sex, the commission considers that Irish law does not provide full recognition and equality of status for same-sex couples.

“In other countries, in extending access to civil marriage, the courts have recognised that equality encompasses not only the practical benefits and responsibilities of marriage, but the equal status and recognition of their relationship within their communities.”

Ms Logan said that although the Constitution does not explicitly define marriage as being between a man and a woman, the Supreme Court had interpreted the protections under the Constitution as extending only to a male-female marriage.

The Irish Council for Civil Liberties, Marriage Equality and the Gay and Lesbian Equality Network welcomed the statement saying it “clearly and unambiguously identifies the opening out of civil marriage to two persons, without distinction as to their sex, as a matter of equality and human rights”.

In its Policy Statement on Access to Civil Marriage, the IHREC said it wished to draw the Government’s attention to the “evolving human rights jurisprudence” emerging from the European Court of Human Rights — in particular, the concept of the right to ‘family life’.

It said this has been extended to include couples in same-sex relationships “to reflect the rapid evolution of social attitudes towards same-sex relationships”.