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Same Sex Marriage Referendum Mega Thread - MOD WARNING IN FIRST POST

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Comments

  • Banned (with Prison Access) Posts: 10,087 ✭✭✭✭Dan_Solo


    MrWalsh wrote: »
    Irrelevant to this referendum though, already in place with the Children and Family Relationships Act 2015.
    Fair enough.


  • Registered Users, Registered Users 2 Posts: 5,821 ✭✭✭floggg


    In fairness, the British popular vote was pretty much as predicted. It just their electoral system means that its hard to predict in detail how that will convert into seats. SNP won almost all seats in Scotland with 50% of the vote. Labour got 1 seat in Scotland, with about 25% of votes.

    There are examples of polls getting it wrong. But the polls would have to get it very, very wrong for the Yes side to lose.
    All ?There's nothing procedurally wrong with what they're doing; but I'd prefer a different approach.

    Knock yourself out

    http://www.justice.ie/en/JELR/General%20Scheme%20of%20the%20Marriage%20Bill%202015.pdf/Files/General%20Scheme%20of%20the%20Marriage%20Bill%202015.pdf


  • Registered Users, Registered Users 2 Posts: 9,539 ✭✭✭TheChizler


    to be fair, a lot of the yes arguments being made unfortunately are along the lines of
    - you should feel sorry for gays who don't feel equal, so make them smile and vote yes
    - its nothing about kids, at all, not a little bit, so ignore the no side, and vote yes
    - if the above isnt enough reason to vote yes, you are a homophobe and bigot if you vote no, so vote yes
    etc etc etc.

    Instead, if the focus of the yes side was less emotional and pity enducing and more fact based on the improvements in legal status of gay people and the failings of civil partnership, and even better focus on how kids of gay parents are so much better off with a yes vote, then there'd be so many good points made that even a smokescreen of doubts planted from the no side should be negated by real tangiable benefits on the yes side.

    I am still shocked that the childrens groups proposing a yes vote in a coordinated press event were more worried about their gay adult mates being made warm and fuzzy inside through a yes vote and a vague knock on effect that playground bullying of gay kids will subside, than tangiable immediate legal benefits to kids of gay parents after a potential yes vote.
    Crazy stuff.
    Except that doesn't address my point about pseudo legal nonsense at all, and just brings the argument back to children again, which is a common spin.

    More often then not, it's those with a victim complex mentioning the word homophobe before they're accused of anything to do with it. My own personal opinion is that I can't know if these people are homophobes, I'm not psychic and can't get into their brains, but their actions demonstrably are as they are unreasonably arguing against equal, practical rights. I have yet to see one person reasonably make the connection between SSM and children, it's like the underpants gnome's three phase plan in South Park; Phase 1: Collect underpants, Phase 2: ?, Phase 3: Profit. Family is founded on Marriage, ???, gays can't have children without a third party therefore vote no.

    Constitutionally there is no dependency between marriage and children, if you can show me this connection you claim exists then I'll listen to you. The family is undefined in the context of the constitution. The only reference to children in the context of marriage in the constitution is that their circumstances may be considered in the event of divorce. Children and family are mentioned in the context of education in that the primary educator is the family, (actually acknowledging here the dependency between family and marriage, if a child's parents aren't married does that mean they constitutionally don't have a primary educator?) but that doesn't prevent people from having children without being married or mean people must have children if they are married.

    I think one of the problems here is the willingness to conflate constitutional statements with common practice.


  • Registered Users, Registered Users 2 Posts: 5,821 ✭✭✭floggg


    TheChizler wrote: »
    What was this 'right to procreation' nonsense? Honestly couldn't follow it but I hadn't stretched before attempting mental gymnastics. It sounded a bit makey-uppey.

    The danger with this pseudo legal nonsense is that people might think they're incapable of understanding some highly complex legal intricacies, when they're in fact nonsense, and vote no to be safe. My girlfriend's mother was considering voting no at the end of the show last night, coming from a yes. When asked she said she didn't know why, she was just confused.

    The argument is so demonstrably bull**** too - if infertile heterosexuals don't have a right to be provided with a baby/surrogacy by the State, why would homosexuals?

    It's a bull**** argument that even the Iona legal opinion debunked.


  • Closed Accounts Posts: 2,160 ✭✭✭Huntergonzo


    smash wrote: »
    But the yes side do cover it. They've consistently said it's not about children or adoption or surrogacy. It's not their fault that the loud voices of the no side aren't intelligent enough to get that. Or maybe they are, but they're relying on the lack of intelligence of others to believe them.

    Reminds me of a funny quote by George Carlin = "Think of how stupid the average person is, and realize half of them are stupider than that." :)

    Just to qualify in case any No voters take offence, I don't have any qualifications (just yet, I'm a late college goer) or remarkable leaving cert to claim high intelligence, in fact I'm probably one of the people George was talking about :D


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  • Registered Users, Registered Users 2 Posts: 16,644 ✭✭✭✭Zubeneschamali


    Some lad from the Referendum Commission was on Morning Ireland this morning answering questions, and it must be horribly dispiriting:

    Q. What will this mean for surrogacy?

    A. Nothing.

    Q. What will this mean for Adoption?

    A. Nothing

    Q. What will this mean for existing Civil Partnerships?

    A. Nothing.

    etc.


  • Registered Users, Registered Users 2 Posts: 19,218 ✭✭✭✭Bannasidhe


    Dan_Solo wrote: »
    "This referendum has nothing to do with adopting children."

    It sort of does thought, if what used to happen was only one of the gay couple could technically be the guardian and now they can both be the guardian.
    (if I'm picking it up right)
    Small yes, but not no change.

    Children and Family Relationships Act 2015 sorted that = nothing to do with the Referendum.


  • Registered Users, Registered Users 2 Posts: 5,821 ✭✭✭floggg


    Dan_Solo wrote: »
    "This referendum has nothing to do with adopting children."

    It sort of does thought, if what used to happen was only one of the gay couple could technically be the guardian and now they can both be the guardian.
    (if I'm picking it up right)
    Small yes, but not no change.

    No. The Children and Family Relationships Act already allows joint adoption by same sex couples.

    This was addressed by legislation and is entirely independent of the referendum result.

    The chair of the Adoption Agency, and one of the foremost family law experts in the country, confirmed last night that the referendum would not change anything in relation to adoption.

    See here - http://www.independent.ie/irish-news/referendum/whether-people-vote-yes-or-no-the-adoption-process-is-not-going-to-change-chair-of-adoption-agency-ahead-of-marriage-referendum-31214145.html


  • Banned (with Prison Access) Posts: 10,087 ✭✭✭✭Dan_Solo


    Bannasidhe wrote: »
    Children and Family Relationships Act 2015 sorted that = nothing to do with the Referendum.
    Acknowledged above.


  • Registered Users, Registered Users 2 Posts: 19,218 ✭✭✭✭Bannasidhe


    Sean O Rourke show now discussing the children of Catholic priests -apparently every child needs a Mammy and Daddy unless Daddy is a Catholic priests in which case deny everything on orders from HQ.

    But Pope Francis did say that priests should be responsible for their children.
    Think about that for a second - they have to be told and it took this long to tell them...


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  • Registered Users, Registered Users 2 Posts: 9,539 ✭✭✭TheChizler


    Dan_Solo wrote: »
    "This referendum has nothing to do with adopting children."

    It sort of does thought, if what used to happen was only one of the gay couple could technically be the guardian and now they can both be the guardian.
    (if I'm picking it up right)
    Small yes, but not no change.
    If the bill that addresses that hadn't been brought in already and made same sex cohabiting partners eligible to apply together, then yes it would have, but that wouldn't have theoretically prevented the government from changing the legislation to rule out same sex couples.

    The government can make any law they want as long as they have a majority and it's constitutional. However in this case the Children and Family Relationships bill beats this referendum by a week or two and the outcome of the referendum won't have any effect on this.


  • Registered Users, Registered Users 2 Posts: 19,218 ✭✭✭✭Bannasidhe


    Dan_Solo wrote: »
    Acknowledged above.

    Rural 'broadband'... it's like being in the Twilight Zone... :(


  • Registered Users, Registered Users 2 Posts: 13,343 ✭✭✭✭aloyisious


    I think you mean "no absolute right".

    Sorry, I'll re-define what I wrote (There is NO RIGHT TO PROCREATE in Irish Law) to read (there is nothing in Irish written statute law that say's one DOES NOT have the right to procreate).

    In writing the above, I'm bearing in mind that there are laws listing criminal sanctions for people who might take, or try to take, ADVANTAGE of other people for procreational or sexual pleasure purposes.


  • Moderators, Entertainment Moderators Posts: 18,051 Mod ✭✭✭✭ixoy


    Bannasidhe wrote: »
    Children and Family Relationships Act 2015 sorted that = nothing to do with the Referendum.

    Are most voters aware of this already in law ? I suspect not judging from the No side and general public opinion.


  • Registered Users, Registered Users 2 Posts: 2,015 ✭✭✭SMC92Ian


    Bannasidhe wrote: »
    Sean O Rourke show now discussing the children of Catholic priests -apparently every child needs a Mammy and Daddy unless Daddy is a Catholic priests in which case deny everything on orders from HQ.

    But Pope Francis did say that priests should be responsible for their children.
    Think about that for a second - they have to be told and it took this long to tell them...

    Ugh **** the priests and the church! Why should they get to say anything when half those people have raped young lads.


  • Moderators, Recreation & Hobbies Moderators Posts: 4,687 Mod ✭✭✭✭Hyzepher


    SMC92Ian wrote: »
    Ugh **** the priests and the church! Why should they get to say anything when half those people have raped young lads.

    uncalled for and generally harmful to any sort of civilized debate


  • Registered Users, Registered Users 2 Posts: 5,821 ✭✭✭floggg


    Roger_007 wrote: »
    Could someone enlighten me as to what precisely the difference in legal terms is between marriage and civil partnership. I have heard the question asked numerous times but have yet to hear of a concrete example of a scenario where there is a difference. In my opinion the state should recognise all partnerships as civil partnerships and drop the term 'marriage' as an official term altogether. Then everyone would be equal.

    There are circa 160 legal difference s between the two for a start (though this will be reduced once the Children's and Family Relationship's Act comes fully into force).

    But the two main differences are:

    1. Civil Partnership does not have any constitutional status or protection.

    It is not possible to confer the same rights and protections on a CP as currently apply to marriage. And CP can be repealed by a future Oireachtas if it wishes, to the detriment of LGBT people.

    2. More importantly, even if we could make the two institutions equal as a matter of law, CP would then serve solely to mark out same sex relationships unequal and different.

    Think about it - if they were the same in substance, wouldn't it be absurd to insist on calling them two different names?

    The only reason to insist on maintaining an artificial distinction between the two would be to create an unnecessary divide between the two, and to mark same sex relationships out as something "other".


  • Banned (with Prison Access) Posts: 10,087 ✭✭✭✭Dan_Solo


    ixoy wrote: »
    Are most voters aware of this already in law ? I suspect not judging from the No side and general public opinion.
    I think it's odd that this could go through without a constitutional change TBH. Why didn't the same "ambiguity" in the constitution prevent this when it was preventing same sex marriage? Happy to admit I don't know any more about the bill than what I've just heard though.
    (and I'm a firm Yes BTW)


  • Registered Users, Registered Users 2 Posts: 13,343 ✭✭✭✭aloyisious


    Some lad from the Referendum Commission was on Morning Ireland this morning answering questions, and it must be horribly dispiriting:

    Q. What will this mean for surrogacy?

    A. Nothing.

    Q. What will this mean for Adoption?

    A. Nothing

    Q. What will this mean for existing Civil Partnerships?

    A. Nothing.

    etc.

    Lol, so many No's..............


  • Registered Users, Registered Users 2 Posts: 9,539 ✭✭✭TheChizler


    ixoy wrote: »
    Are most voters aware of this already in law ? I suspect not judging from the No side and general public opinion.
    There's a general unwillingness to acknowledge or accept it because it destroys any argument that adoption is affected by the constitution.


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  • Registered Users, Registered Users 2 Posts: 38 Tenz


    Some lad from the Referendum Commission was on Morning Ireland this morning answering questions, and it must be horribly dispiriting:

    Q. What will this mean for surrogacy?

    A. Nothing.

    Q. What will this mean for Adoption?

    A. Nothing

    Q. What will this mean for existing Civil Partnerships?

    A. Nothing.

    etc.

    He's right of course, but I think a lot of people are justifiably angry that they have not been asked to vote on these far more important issues (I.e. the family and relationships bill). A good share of the no vote will be a protest vote.


  • Banned (with Prison Access) Posts: 10,087 ✭✭✭✭Dan_Solo


    TheChizler wrote: »
    There's a general unwillingness to acknowledge or accept it because it destroys any argument that adoption is affected by the constitution.
    I know I'm repeating the question, but then why was there a problem with gay marriage in the first place under the Irish constitution if gay couples adopting could be done based on the current constitution wording?


  • Registered Users, Registered Users 2 Posts: 5,821 ✭✭✭floggg


    Dan_Solo wrote: »
    I think it's odd that this could go through without a constitutional change TBH. Why didn't the same "ambiguity" in the constitution prevent this when it was preventing same sex marriage? Happy to admit I don't know any more about the bill than what I've just heard though.
    (and I'm a firm Yes BTW)

    Firstly, there is a question about whether the referendum was required.

    Secondly, adoption isn't a constitutionally protected institution, so the Oireacthas has far more lee way to change the adoption laws.

    As marriage is referred to in the Constitution though, some people felt the state didn't have the same leeway.


  • Registered Users, Registered Users 2 Posts: 9,539 ✭✭✭TheChizler


    Tenz wrote: »
    He's right of course, but I think a lot of people are justifiably angry that they have not been asked to vote on these far more important issues (I.e. the family and relationships bill). A good share of the no vote will be a protest vote.
    Is there a general desire for these things to be part of the constitution? Otherwise the only way you could vote for them is during a general election. Did many of these crop up during the constitutional convention?
    Dan_Solo wrote: »
    I know I'm repeating the question, but then why was there a problem with gay marriage in the first place under the Irish constitution if gay couples adopting could be done based on the current constitution wording?
    I couldn't tell you all the reasons for sure, definitely it would make all the necessary changes to law constitutional and the supreme court couldn't repeal them if challenged (which I believe they undoubtedly would). I think there was a SC case where a married same sex couple who moved to Ireland who were parents by law in their previous country to their child had to fight for parental rights (horrible simplification, possibly totally wrong, my apologies) here. It's been mentioned a few times here and explained a lot better.


  • Registered Users, Registered Users 2 Posts: 14,681 ✭✭✭✭P_1


    Bannasidhe wrote: »
    Sean O Rourke show now discussing the children of Catholic priests -apparently every child needs a Mammy and Daddy unless Daddy is a Catholic priests in which case deny everything on orders from HQ.

    But Pope Francis did say that priests should be responsible for their children.
    Think about that for a second - they have to be told and it took this long to tell them...

    The church has no place in a debate in a secular republic


  • Registered Users, Registered Users 2 Posts: 2,015 ✭✭✭SMC92Ian


    Are we aloud to talk about abortion?

    Wouldn't people rather gays be aloud to adopt kids etc... rather than people who don't want kids throwing them into a bag and leaving them somewhere...


  • Closed Accounts Posts: 34,808 ✭✭✭✭smash


    SMC92Ian wrote: »
    Ugh **** the priests and the church! Why should they get to say anything when half those people have raped young lads.

    Can we get a face palm smiley? Please...


  • Registered Users, Registered Users 2 Posts: 38 Tenz


    Forgot to mention that I had considered a no vote myself for these very reasons, but "on mature reflection", have decided to vote yes.

    The surrogacy and adoption issues do bother me though, and it annoys me that we're not even being asked our opinion on this. However, voting no won't change anything in that respect. I suppose I wasn't asked about the bank bailout either, so I should just get used to the idea of living in an oligarchy.


  • Registered Users, Registered Users 2 Posts: 14,681 ✭✭✭✭P_1


    Tenz wrote: »
    Forgot to mention that I had considered a no vote myself for these very reasons, but "on mature reflection", have decided to vote yes.

    The surrogacy and adoption issues do bother me though, and it annoys me that we're not even being asked our opinion on this. However, voting no won't change anything in that respect. I suppose I wasn't asked about the bank bailout either, so I should just get used to the idea of living in an oligarchy.

    The adoption question was answered last night, ultimately a good deal of the decision is tied in with the wishes of the birth mother.

    Surrogacy should be decided on in another referendum, not this one


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  • Registered Users, Registered Users 2 Posts: 5,821 ✭✭✭floggg


    Tenz wrote: »
    Forgot to mention that I had considered a no vote myself for these very reasons, but "on mature reflection", have decided to vote yes.

    The surrogacy and adoption issues do bother me though, and it annoys me that we're not even being asked our opinion on this. However, voting no won't change anything in that respect. I suppose I wasn't asked about the bank bailout either, so I should just get used to the idea of living in an oligarchy.

    But those aren't issues which should rightly be put to a referendum.

    Referenda are for constitutional changes only.

    The changes to the adoption laws aren't constitutional issues, and so it would not be appropriate to ask the public directly.

    Our system of government means we get to indirectly have our say on these things through the representatives we elect to the legislature - who must then try to legislate in accordance with their electoral mandate and in line with the constitution.

    Think about it - a State couldn't function if it had to ask the masses for consent on every change. It took years of effort just to get this Referendum on the table, months and months of canvassing, and millions of euros to fund both campaigns.

    We would bankrupt if we had to do this on everything and anything people wanted their say on.


This discussion has been closed.
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