Joeytheparrot wrote: » Theres one major difference that noone has really discussed. Marriage is offered constitutional protection but civil partnership isnt.
Madd Finn wrote: » What the hell does that mean? There used to be a constitutional prohibition on dissolving a marriage but we got rid of that nearly 20 years ago.
Frankly I think there is no need for this referendum at all. And I'm not saying that from an anti gay or anti equality viewpoint. The outstanding issues can be, and indeed are being, resolved through normal legislation passing through the Oireachtas. In other words, we don't need a referendum to introduce greater equality.
And frankly, after reading about the obscene sums tax payers are now going to have to stump up to pay lawyers for those old shysters that were dragged before Tribunals, I think we have had enough lucrative job-creation schemes for lawyers.
No need for this referendum at all. Bin it now and pass the equality legislation without bothering the voting public as a whole.
oscarBravo wrote: » Did you just wilfully ignore my earlier post about the implied constitutional definition of the family?
oscarBravo wrote: » How in the name of jebus is a referendum a lucrative job-creation scheme for lawyers?
Madd Finn wrote: There used to be a constitutional prohibition on dissolving a marriage but we got rid of that nearly 20 years ago.
oscarBravo wrote: » Yes. By amending the constitution.
Madd Finn wrote: » On the contrary. I trawled a bit more through the website you initially recommended in an attempt to expand my knowledge. Among the items I discovered was this:Marriage Equality shares the opinion of some of Ireland's finest constitutional lawyers, who see no constitutional impediment to providing marriage equality. There is no substance to the argument that providing full equality for same-sex couples is unconstitutional. In fact, the Irish Constitution upholds equality for ALL its citizens. I'm with them on that one.
Who do you think drafts the legislation?
I have no problem with amending the constitution when it needs to be amended. As it did in that case because it contained a bald statement at the time that "No law shall be enacted dissolving a marriage". So if we wanted to give people the right to remarry, we had to remove that article via a referendum. But I am an instinctive believer in the adage that if it ain't broke, we shouldn't try to fix it. If we CAN legislate for greater equality within the framework of the constitution as it stands, we should. I think, and the comments on Marriage Equality's website since the announcement of the forthcoming referendum seem to corroborate this, that this is really just about "sending a message", or in other words striking a pose. There is no practical benefit to having this referendum at all.
And please be clear. I am not saying there should be no more legislation aimed at improving equal treatment for same sex couples before the law. Far from it. I just don't think, and Marriage Equality doesn't seem to think, that we need an Amendment to do this.
oscarBravo wrote: » That would be true, if you were absolutely certain that the Supreme Court would interpret the Constitution as allowing for a definition of marriage that includes same-sex couples. I don't share your certainty on that.
oscarBravo wrote: » Would you vote against a proposal to clarify the position in the Constitution?
Madd Finn wrote: » You can NEVER be certain what the Supreme Court will rule on any issue, whatever the constraints of the Constitution are. But it's my understanding, call it prejudice if you like, that you are more at liberty to change things by successful legislation if you operate within existing well understood Constitutional constraints than by introducing new articles whose boundaries remain to be tested by the courts.
The law of unintended consequences often applies most to well intended legislation. Has there ever been a piece of legislation aimed at improving the liberty and/or equality of GLBT people that has been dismissed as contravening the Constitution? I don't think so.
Is the forthcoming legislation on same-sex adoption likely to contravene the Constitution? I don't know, but the Marriage Equality people seem to be confident that it won't. And I can't really imagine President Michael D referring such legislation to the Supreme Court before giving it his assent, unless the drafters really cock it up. But let's not disappear down that rabbit hole until it's dug...
If it was clear what had to be clarified, of course I wouldn't. But right now I don't know, and nobody can tell me, what constitutional issues, as opposed to legal issues, need to be clarified. I am prepared to be convinced otherwise but as of now it seems to me that rejecting a change to the constitution would in no way threaten any existing or impending equality-enhancing legislation. So why have a referendum in the first place?
Madd Finn wrote: » I am prepared to be convinced otherwise but as of now it seems to me that rejecting a change to the constitution would in no way threaten any existing or impending equality-enhancing legislation.
NuMarvel wrote: » A No win wouldn't threaten existing legislation, but it would leave future legislation on shaky grounds. Particularly if that legislation were to give effect to a change that was rejected in a referendum. The No side would go to town on any Government that proceeded on such legislation in the face of public opinion. People are already cynical enough about the political system when referendums are rerun because the Government didn't like the answer in the first one. Ignoring the results of a referendum and legislating anyway would make things worse again. The official reason we're having a referendum is that the advice of the Attorney General is that legislative change would be contrary to the current Constitution. There is legal opinion that this wouldn't be the case and that it doesn't need a referendum (a position that I agree with), but the Government's own legal experts say otherwise. And this has been the advice given to successive Governments, it's not just this one. Another consideration is that a Constitutional change to allow gay couples to marry would be harder to reverse than a legislative change. Look at France where Sarkozy is threatening to reverse the marriage laws if elected President. That would be more difficult if it were expressly set out in a constitution that requires the majority of citizens to ratify any changes. At the end of the day, the decision has been that this will be done by referendum. It's not how I'd like to see it done, but at this point, legislative change alone looks highly unlikely. Our focus now needs to be on making sure people vote and that they vote Yes.
Godge wrote: » I think that the vast majority of people will vote Yes. However, there is one thing that potentially worries me. People have seen the havoc caused by the bad wording of the Eighth Amendment. If the wording for this one is unclear or ambiguous or has the potential for unintended consequences, you could see people in favour of same-sex marriage voting against. The wording must be fool-proof (or rather judge-proof)
Godge wrote: » I think that the vast majority of people will vote Yes.
skooterblue2 wrote: » In the Urban areas yes. In the Rural areas ... less so. Rual people are very Homophobic.
There is another factor as well. Many people have a seething rage towards this Administration, (myself included). As a mark of protest they may decided to reject the amendent as a protest rather than a homophobic gesture. This is a VERY REAL threat to the referendum.
oscarBravo wrote: » We are, are we? If I kick a gay person in the head - not as a homophobic gesture, but as a protest against the government - does that make it hurt less? I've said it on another thread: anyone who'll vote either way on this referendum on anything other than the merits of the proposal it contains is a blithering idiot who doesn't deserve the right to vote.
skooterblue2 wrote: » oh god yes ... there is a whole generation who leave the country/rural Ireland because of homophobia. In the city no, one cares and you blend in. One of my friends was tortured for years in Carlow town because she was transgender. Kept telling to move to the city for a quiet life. I didnt say I would vote against the referundum, but you will have to agree with me when the results come in Dublin 4 are most likely to accept it and rural areas like Donegal and the border counties are more likely to reject it?
You could see how people who have no vested interest on the issue would like to stick it to the Government ... particularily the Labour party.
skooterblue2 wrote: » thank you those were my points. Another Rural/Urban divide is group think, If you dont follow a certain mob mentality in the country ... you are "a bit odd".
I dont have great faith in People being motivated in voting. I was speaking to a group of students aged 18-22 and only 1 in 6 were registered to Vote. The thing that disressed me most was how few were concerned about getting registered. "Whats the point?" "I dont want to vote", "What can a politician do for me?". The people who are most likely decide on the outcome of the Vote are NOT homosexual people (as a group) but young People aged 18-30 who have further training (bigger group , more likely to vote yes).
oscarBravo wrote: » I don't disagree that it's likely to be a problem. I will vehemently disagree that it's understandable or forgivable.
Madd Finn wrote: » I mean this to be a simple and straightforward question and hope that it does not generate a load of self-righteous and mutually abusive commentary. (Is there an emoticon for naivete?) But seriously: what exactly is the issue on which we are voting? What is actually meant by gay marriage, as opposed to civil partnership which we have now? Is the difference solely about the issue of adoption? If there's more to it than that what are the differentiating features? I only ask because i am disappointed with the general level of debate, or lack of it, in the national media. I am disgusted by the knee-jerk rush on the part of one side to sanction broadcasters for not being "balanced" enough and also, to be fair, by the hastiness of others to denounce any reluctance to "Just say Yes" as homophobia. So please. Just to humour me: what is the exact issue, or issues, on which we have to vote?
fran17 wrote: » On the adoption front,currently only a married couple may apply for adoption of a child thus excluding gay couples from the process.The passing of this referendum will open the door for gay couples,who now would be legally married,to apply.
Madd Finn wrote: » Yes Fran, but as has already been said here, the Government plans to legislate for same-sex adoption BEFORE the referendum takes place. The implication clearly being that we don't need a referendum to introduce this facility.
fran17 wrote: » Yes in theory that may have been the governments plan however the child and family bill was by and large the brain child of Alan Shatter.The new bill,which we know neither the wording or the date to be enacted,can only be speculated on. What we can say with certainty is that if the referendum is passed then two gay men,women or even transsexual couples will legally be in a position to apply for adoption.
Joeytheparrot wrote: » And? What is wrong with that?
fran17 wrote: » Some very worrying statistics would say a lot.The latest 2014 UK survey into drug abuse compares both heterosexual and homosexual people independently and some shocking figures materialise. 33% of homosexual men use drugs compared to 11% of heterosexual men.The illegal drugs include poppers,which homosexual men are 25 times more likely to use,ecstasy,5 times more likely and ketamine which is 7.5 times more likely to be used.Even drugs like heroin and crack cocaine,which have not been perceived to be associated with homosexuals in the past,have higher levels of use. Homosexual women have been found to be 4 times higher risk of drug abuse than heterosexual women. Transsexuals people suffering from gender identity disorder equate to many of the above statistics regarding drug abuse,and higher,but also suffer from serious psychological disorders such as depression and suicide.I have great sympathy for anyone suffering from these conditions but these issues must be considered. A lot of people try to dismiss the "will someone please think of the children" argument as outdated and backwards but I don't.Ireland has a long history of failing its children and I believe that giving an open door of legality to anyone who wants to be perceived as married would be moral and social calamity. People will always try to muddy the waters with the child and family bill but this bill is unknown to everyone.If this referendum is passed then marriage legality is granted to all who avail of it,including the above,and we all need to think long and hard about that.