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Ireland's gay marriage referendum – the Guardian briefing Ireland's gay marriage referendum – the Guardian briefing
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What’s the story?What’s the story?
Ireland is holding a referendum on same-sex marriage on Friday. Irish voters will be asked whether they should add a line to their constitution saying that “marriage may be contracted in accordance with law by two persons without distinction as to their sex”.Ireland is holding a referendum on same-sex marriage on Friday. Irish voters will be asked whether they should add a line to their constitution saying that “marriage may be contracted in accordance with law by two persons without distinction as to their sex”.
The yes vote is likely to win, with polls last weekend showing support for same-sex marriage was somewhere between 69% to 73%. However, people in the yes campaign anticipate a closer result, in part because support for same-sex marriage is significantly higher among younger people than older people, who are more likely to be registered to vote.The yes vote is likely to win, with polls last weekend showing support for same-sex marriage was somewhere between 69% to 73%. However, people in the yes campaign anticipate a closer result, in part because support for same-sex marriage is significantly higher among younger people than older people, who are more likely to be registered to vote.
Since 2010, gay couples in Ireland have been able to register as civil partners, giving them many of the same protections and benefits as married couples. However, when the legislation was passed, gay rights group Marriage Equality, published a report detailing 160 statutory differences between the entitlements of couples in civil partnerships compared with married couples, ranging from taxation benefits, to immigration rights, to combining assets when applying for housing loans. Many of these discrepancies have been amended in the years since civil partnerships became legal, after efforts from campaigners. Since 2010, gay couples in Ireland have been able to register as civil partners, giving them many of the same protections and benefits as married couples. However, when the legislation was passed, gay rights group Marriage Equality published a report detailing 160 statutory differences between the entitlements of couples in civil partnerships compared with married couples, ranging from taxation benefits, to immigration rights, to combining assets when applying for housing loans. Many of these discrepancies have been amended in the years since civil partnerships became legal, after efforts from campaigners.
Why is it so important?Why is it so important?
If the referendum passes on Friday, Ireland will become the first country to make same-sex marriage legal by a popular, national vote.If the referendum passes on Friday, Ireland will become the first country to make same-sex marriage legal by a popular, national vote.
Since the Netherlands became the first country to allow same-sex marriage in 2001, 16 other countries have followed suit, including France, Spain, New Zealand, Canada, Argentina, Uruguay, and Brazil. Gay marriage is currently illegal in all Asian, Middle Eastern and African countries (barring South Africa); liberal western democracies notable for not having passed equal marriage legislation include Germany, Italy, Australia and the US, where gay marriage is considered a state issue and is still prohibited in 13 of the country’s 50 states.Since the Netherlands became the first country to allow same-sex marriage in 2001, 16 other countries have followed suit, including France, Spain, New Zealand, Canada, Argentina, Uruguay, and Brazil. Gay marriage is currently illegal in all Asian, Middle Eastern and African countries (barring South Africa); liberal western democracies notable for not having passed equal marriage legislation include Germany, Italy, Australia and the US, where gay marriage is considered a state issue and is still prohibited in 13 of the country’s 50 states.
Countries that have made same-sex marriage legal have done so by passing legislation extending marriage to same-sex couples, such as the Marriage (Same Sex Couples) Act 2013 in England and Wales and similar legislation passed in Scotland in 2014. Marriage is a devolved issue in the UK and gay marriage remains illegal in Northern Ireland, where a proposal to change the legislation was defeated for a fourth time in April.Countries that have made same-sex marriage legal have done so by passing legislation extending marriage to same-sex couples, such as the Marriage (Same Sex Couples) Act 2013 in England and Wales and similar legislation passed in Scotland in 2014. Marriage is a devolved issue in the UK and gay marriage remains illegal in Northern Ireland, where a proposal to change the legislation was defeated for a fourth time in April.
Supporters of a yes vote in Ireland claim that introducing same-sex marriage through a referendum, rather than just by introducing legislation, will mean greater security for gay couples, who will be constitutionally and not just legally recognised. And they say that because families based in marriage enjoy an “elevated and protected status” in the constitution, this protection should extend to gay couples who wish to marry.Supporters of a yes vote in Ireland claim that introducing same-sex marriage through a referendum, rather than just by introducing legislation, will mean greater security for gay couples, who will be constitutionally and not just legally recognised. And they say that because families based in marriage enjoy an “elevated and protected status” in the constitution, this protection should extend to gay couples who wish to marry.
The Irish referendum will no doubt be watched with interest in the US, where the Supreme Court is currently hearing arguments about whether gay marriage is a constitutional right for Americans, regardless of the state in which they live.The Irish referendum will no doubt be watched with interest in the US, where the Supreme Court is currently hearing arguments about whether gay marriage is a constitutional right for Americans, regardless of the state in which they live.
What are the issues?What are the issues?
The passage of the Irish referendum would be confirmation of a dramatic cultural shift in a traditionally socially-conservative country; homosexuality was only decriminalised in Ireland in 1993 – compared to 1967 for England and Wales, 1980 for Scotland, and 1982 for Northern Ireland – and civil partnerships were made legal in 2010, six years after the UK. The passage of the Irish referendum would be confirmation of a dramatic cultural shift in a socially-conservative country; homosexuality was only decriminalised in Ireland in 1993 – compared with 1967 for England and Wales, 1980 for Scotland, and 1982 for Northern Ireland – and civil partnerships were made legal in 2010, six years after the UK.
All four Irish political parties – as well as taoiseach Enda Kenny – and celebrities including Colin Farrell, Bono, Saoirse Ronan and Graham Norton, have come out in favour of gay marriage. The yes campaign have dramatically outspent the no campaign, purchasing billboards, bus stop and print advertisements, as well as using social media to get young people to register to vote. All four Irish political parties – as well as taoiseach Enda Kenny – and celebrities including Colin Farrell, Bono, Saoirse Ronan and Graham Norton have come out in favour of gay marriage. The yes campaign has certainly been more visible, purchasing billboards, bus stop and print advertisements, as well as using social media to get young people to register to vote.
The main opposition to gay marriage in Ireland has come from various church groups, with a number of Catholic bishops urging their flocks to vote no or to “reflect and pray carefully” before voting. The Presbyterian and Methodist churches in Ireland have also announced their opposition to gay marriage. In the last week of the campaign, people in the yes campaign have accused their opponents of being bankrolled by evangelical Christian groups in the US, a claim they deny and which, if true, would be illegal.The main opposition to gay marriage in Ireland has come from various church groups, with a number of Catholic bishops urging their flocks to vote no or to “reflect and pray carefully” before voting. The Presbyterian and Methodist churches in Ireland have also announced their opposition to gay marriage. In the last week of the campaign, people in the yes campaign have accused their opponents of being bankrolled by evangelical Christian groups in the US, a claim they deny and which, if true, would be illegal.
If the referendum were to pass, it would be taken as evidence of a break with the Catholic church and a sign that its influence on Irish life was waning. If it passes, priests will not be required to marry gay couples and will have the right to abstain from presiding over same-sex weddings, a right they can already exercise, for example in relation to the weddings of divorcees or non-Catholic couples.If the referendum were to pass, it would be taken as evidence of a break with the Catholic church and a sign that its influence on Irish life was waning. If it passes, priests will not be required to marry gay couples and will have the right to abstain from presiding over same-sex weddings, a right they can already exercise, for example in relation to the weddings of divorcees or non-Catholic couples.
Many in the no campaign have concentrated on the impact of same-sex marriage on children, with organisations such as the Alliance for the Defence of Family and Marriage (Adfam) claiming that the potential passage of the legislation would rob children of “the right to a mother and a father”. However, surrogacy and adoption rights are legally unaffected by the referendum and are covered by the Children and Family Relationships Act 2015. This act, which passed in April, extended adoption rights, making it legal for gay couples to apply to adopt a child, whereas previously only heterosexual couples, and individuals – gay or straight – could apply.Many in the no campaign have concentrated on the impact of same-sex marriage on children, with organisations such as the Alliance for the Defence of Family and Marriage (Adfam) claiming that the potential passage of the legislation would rob children of “the right to a mother and a father”. However, surrogacy and adoption rights are legally unaffected by the referendum and are covered by the Children and Family Relationships Act 2015. This act, which passed in April, extended adoption rights, making it legal for gay couples to apply to adopt a child, whereas previously only heterosexual couples, and individuals – gay or straight – could apply.
Adfam caused outrage after they distributed a leaflet that urged people to vote against gay marriage because the wording of the proposed constitutional amendment did not have age limits and could therefore open the way to child marriage. It also said that the change was “not compassionate” because gay people had a lower life expectancy, and that children raised by same-sex couple are “damaged emotionally, educationally and more subject to sexual abuse” than when raised by a heterosexual couple. Adfam caused outrage after it distributed a leaflet that urged people to vote against gay marriage because the wording of the proposed constitutional amendment did not have age limits and could therefore open the way to child marriage. It also said that the change was “not compassionate” because gay people had a lower life expectancy, and that children raised by same-sex couple are “damaged emotionally, educationally and more subject to sexual abuse” than when raised by a heterosexual couple.
How can I find out more?How can I find out more?
Irish residents over the age of 18 are eligible to vote if registered; they can check the register to make sure they’re on it here.Irish residents over the age of 18 are eligible to vote if registered; they can check the register to make sure they’re on it here.
To read more from those in support of gay marriage in Ireland, Marriage Equality has put together material here, including a helpful page of FAQs.To read more from those in support of gay marriage in Ireland, Marriage Equality has put together material here, including a helpful page of FAQs.
To read more about the position of Irish churches on gay marriage read here, this analysis on why that position may be unconvincing and this piece on the priests who are urging their parishioners to vote yes. To read more about the position of Irish churches on gay marriage, read here, this analysis on why that position may be unconvincing, and this piece on the priests who are urging their parishioners to vote yes.