Article 41 should be scrapped and all forms of families recognised

Dr Laurence Davies (‘The fight for gay marriage is only the start of a long struggle’) raises issues about the recognition of all intimate relationships. 

The narrow definition of family in the Constitution is out of step with reality, not only for people who are gay, but for heterosexuals, too.

The proposal to extend rights to gay and lesbian couples misses a point about equality for all families.

Article 41.3.1 guards only the family founded on marriage and protects it from attack.

While the referendum will bring equality to marriage for same-sex couples, it will not address unequal treatment of gay and lesbian couples who have children, but who choose not to marry, and gay or lesbian single parents who are not recognised as families in the Constitution.

While Justice Minister Frances FitzGerald notes the anachronistic language in article 41, in relation to women and mothers in the home, this looks particularly strange if marriage includes two men, who are unaffected by this language, while both women in a same-sex marriage will be affected.

Ultimately, for the ‘equal’ treatment of family in its many splendid forms, article 41 needs to be scrapped and replaced with an article that recognises families, whether they say ‘I do’ or not. Only then, as Enda Kenny says, can we signal internationally that Ireland has evolved into a fair, compassionate and tolerant nation.

Gregori Meakin

PhD candidate

School of Sociology

UCD

Dublin 4