Report into civil partnerships

Civil partnerships can address most issues encountered by same-sex couples without changing the Constitution, a Government-commissioned report said last night.

The findings of the Working Group on Domestic Partnerships found that same-sex couples who are married or in a full civil partnership should also be eligible to adopt children.

It also recommended a ’presumptive’ scheme for all couples who have lived together for three years or if they have children.

The legal consequences of such a scheme would be to impose an array of rights and duties on qualified cohabitants after the death of a partners.

The Working Group, whose findings were earlier discussed by the Cabinet, was established by Tánaiste and Justice Minister Michael McDowell in March.

It said civil marriage for same-sex couples would achieve equality of status with opposite-sex couples, but that introducing civil marriage for same-sex couples is likely to be vulnerable to constitutional challenge given the special position marriage is afforded in the Constitution and the interpretation of the definition of marriage in constitutional actions before the Courts that marriage is the voluntary and permanent union of one man and one woman.

However, it highlighted the first case on extending the definition of marriage to include same-sex couples was heard recently by the High Court and a judgment is awaited.

It added: “The Group believes that full civil partnership for same-sex couples does not suffer the same constitutional vulnerability as full civil partnership for opposite sex couples.”

In the 2002 Census, 1300 same-sex couples were identified compared with 150 couples in the 1996 Census. Two thirds of these were male couples.

Mr McDowell said he welcomed a wide public debate on the legal status to cohabitants generally and to same-sex couples in particular.

“In Irish society today increasing numbers of people reside in domestic arrangements which are not founded on marriage or which do not conform to traditional family forms,” he said.

“The Government wants to deliver a framework in which non-married couples, including gay couples, can live in a supportive and a secure legal environment. This entails addressing the real life situations in which people find themselves.”

The Gay and Lesbian Equality Network (Glen) said the report provides a very important analysis of options open to Ireland and it needs to be carefully considered and widely discussed.

“Marriage remains the full equality option and the option we would like to see adopted,” said spokesman Keith O’Malley,

“As well as being the fairest, most equitable way forward, it is also the easiest and fastest to enact – and the most effective.

“The choice facing the government now is about what kind of society we want Ireland to be. We here in Glen are working towards a situation when being lesbian or gay is unremarkable and when same sex relationships are acknowledged as fully legitimate”.

Brian Finnegan, editor of Gay Community News, added: “I welcome any move forward for the rights of same sex couples, but while I do so I do with slight trepidation.

“To have one law for one sector of society and another law for another sector of society is damaging and ultimately not a very good idea.”