State likely to introduce civil partnership law
06/12/2005
By
Dermot (private)
State likely to introduce civil partnership law
Carl O'Brien, Social Affairs Correspondent
06/12/2005
The Government is likely to introduce a new civil partnership law which would provide legal recognition for tens of thousands of same-sex or cohabiting couples, Minister for Justice Michael McDowell signalled yesterday.
As of yesterday gay couples in the North are able to have their relationships recognised in law, which would give them rights similar to marriage.
Mr McDowell's proposals are likely to stop short of providing for gay marriage, but could provide for greater equality between married and cohabiting couples in areas such as tax, inheritance and social welfare.
Such a partnership could also be open to people who are not in a sexual relationship but have a dependent or shared relationship. Latest Census figures for 2002 show there are about 77,000 cohabiting couples and 1,300 same-sex couples in the State.
Despite lobbying by gay rights groups such as the Gay and Lesbian Equality Network (Glen), which is campaigning for civil marriage for same-sex couples, Mr McDowell said such steps would be fraught with legal and Constitutional problems.
"Attempting to mimic marriage is not the way forward. A measure which effectively provides for all the attributes of marriage for people who are not married would fall foul of the Constitution. That is the advice of the Attorney General . . . What we can do is address the real unfairness that people experience," he said.
He said marriage in law was a "generational thing", involving children, and that the special status provided to marriage in the Constitution was linked to this interpretation. Mr McDowell suggested there was not a demand among the gay community for marriage given the restrictions that come with such a measure.
Glen welcomed the Minister's announcement, but expressed concern that such measures may not provide for full equality for gay and lesbian couples.
"We very much welcome the statements of principle of the Minister and welcome moves towards equality and legal recognition. However, we would still urge the Government at this time to go for full equality and become the sixth country in the world to do that," said Eoin Collins, director of policy change at Glen.
Belgium, Canada, the Netherlands, South Africa and Spain provide for gay marriage.
Mr McDowell said a number of factors would inform drafting legislation, such as the recommendations of the All-Party Oireachtas Committee on the Constitution.
The committee's report, due next month, is likely to advocate civil partnerships but stop short of recommending changes to the Constitution.
© The Irish Times
Carl O'Brien, Social Affairs Correspondent
06/12/2005
The Government is likely to introduce a new civil partnership law which would provide legal recognition for tens of thousands of same-sex or cohabiting couples, Minister for Justice Michael McDowell signalled yesterday.
As of yesterday gay couples in the North are able to have their relationships recognised in law, which would give them rights similar to marriage.
Mr McDowell's proposals are likely to stop short of providing for gay marriage, but could provide for greater equality between married and cohabiting couples in areas such as tax, inheritance and social welfare.
Such a partnership could also be open to people who are not in a sexual relationship but have a dependent or shared relationship. Latest Census figures for 2002 show there are about 77,000 cohabiting couples and 1,300 same-sex couples in the State.
Despite lobbying by gay rights groups such as the Gay and Lesbian Equality Network (Glen), which is campaigning for civil marriage for same-sex couples, Mr McDowell said such steps would be fraught with legal and Constitutional problems.
"Attempting to mimic marriage is not the way forward. A measure which effectively provides for all the attributes of marriage for people who are not married would fall foul of the Constitution. That is the advice of the Attorney General . . . What we can do is address the real unfairness that people experience," he said.
He said marriage in law was a "generational thing", involving children, and that the special status provided to marriage in the Constitution was linked to this interpretation. Mr McDowell suggested there was not a demand among the gay community for marriage given the restrictions that come with such a measure.
Glen welcomed the Minister's announcement, but expressed concern that such measures may not provide for full equality for gay and lesbian couples.
"We very much welcome the statements of principle of the Minister and welcome moves towards equality and legal recognition. However, we would still urge the Government at this time to go for full equality and become the sixth country in the world to do that," said Eoin Collins, director of policy change at Glen.
Belgium, Canada, the Netherlands, South Africa and Spain provide for gay marriage.
Mr McDowell said a number of factors would inform drafting legislation, such as the recommendations of the All-Party Oireachtas Committee on the Constitution.
The committee's report, due next month, is likely to advocate civil partnerships but stop short of recommending changes to the Constitution.
© The Irish Times
