Why Ireland should follow Obama’s lead on gay marriage

Civil partnership was the stepping stone towards same-sex marriage in Ireland

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Trenton Garris, right, joins other demonstrators showing their support for President Barack Obama as he visits the Paramount Theater one day after announcing his support for same sex marriage, in Seattle on Thursday, May 10

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I would suggest that the people of Ireland have spoken in this open hearted welcoming of civil partnerships, and are saying we are entitled to marry. All those lesbian and gay couples who have publicly celebrated their civil partnerships have brought the day of civil marriages much, much closer.

The right to marry is a fundamental human right

The Government-appointed Colley Group, of which Eoin Collins of GLEN was a member, recommended as far back as 2006 that civil marriage for same-sex couples was the ultimate equality option. Their report makes the powerful point that:

The introduction of civil marriage for same – sex couples would achieve equality of status with opposite sex couples and such recognition that would underpin a wider equality for gay and lesbian people

For example, the introduction of full Constitutional equality would be another great signal and support for young people who are coming out – perhaps feeling isolated and vulnerable to bullying in school –  that this State says that they are equally cherished under our Constitution.

The right to marry is a fundamental human right as set out in the UN Charter of Human Rights and other human rights treaties. The fact that our Constitution and its provisions relating to marriage have to date been interpreted by the Courts to exclude same-sex couples from this fundamental human right is deeply regrettable.

Most recently, the High Court in 2006 rejected Senator Katherine Zappone and Anna Louise Gilligan’s case to have their Canadian marriage recognised here. The judge quoted legal precedent that defines marriage as being between a man and a woman. The appeal will be held in the Supreme Court later in June.

While such a Constitutional barrier is in force, lesbians and gay men will not have full equality under our Constitution.

In a democratic republic based on equal citizenship, civil marriage should be open to all citizens, including lesbians and gay men.

* Kieran Rose is the Chair of GLEN, the Gay and Lesbian Equality Network.

The column “It’s time for Ireland to follow Obama on gay marriage. Here’s why” was originally published on Journal.ie.
 

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