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Referendum on Gender Equality (THREADBANS IN OP)

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  • Registered Users Posts: 1,454 ✭✭✭TokTik


    Exactly, after all the campaigning about same sex couples to get married and have the same protections as traditional marriages. They now want to dilute the meaning of a marriage.



  • Registered Users Posts: 27,748 ✭✭✭✭blanch152


    I don't have a problem with the dilution of the meaning of a marriage and giving recognition to stable family relationships, whether that be grandparent to grandchild where the parents have died or aunts/uncles in similar situations.



  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 38,613 CMod ✭✭✭✭ancapailldorcha


    The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God.

    Leviticus 19:34



  • Registered Users Posts: 27,748 ✭✭✭✭blanch152


    In recognising other stable relationships, you are inevitably diluting the importance of marriage because you are raising other relationships to the same level, that is the simple basic meaning of dilution. No point in pretending otherwise, especially when I don't have a problem with it. Recognising civil partnerships as stable families, recognising single parent families as stable families, recognising grandparent/grandchild relationships as stable families, all of that I have no problem with, but it does dilute the importance of marriage because marriage is now only one of a number of stable families, not the sole arbiter.



  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 38,613 CMod ✭✭✭✭ancapailldorcha


    No, you're levelling the playing field. What dilutes marriage is making it a political tool and excluding people.

    The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God.

    Leviticus 19:34



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  • Registered Users Posts: 27,748 ✭✭✭✭blanch152


    It is dilution.

    Under the Constitution the family is based on marriage, nothing else.

    If the amendments are passed, the family can be based on marriage or other things.

    That is the text book definition of dilution - "a lessening of real value (as of equity) by a decrease in relative worth"

    As I said, I don't have a problem with changes, but I also won't hide what it is.



  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 38,613 CMod ✭✭✭✭ancapailldorcha


    You're repeating yourself. It is not dilution.

    I think it's best we leave it there. You're welcome to have the last word.

    The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God.

    Leviticus 19:34



  • Registered Users Posts: 34,704 ✭✭✭✭Hotblack Desiato


    Under the Constitution the family is based on marriage, nothing else.

    Which is such obvious nonsense I cannot figure out how anyone can defend it.

    Fingal County Council are certainly not competent to be making decisions about the most important piece of infrastructure on the island. They need to stick to badly designed cycle lanes and deciding on whether Mrs Murphy can have her kitchen extension.



  • Registered Users Posts: 27,748 ✭✭✭✭blanch152


    I am not defending it, I am only pointing to the fact that this will dilute the position of the family based on marriage, that is a fact, it is not something I disagree with.



  • Registered Users Posts: 11,097 ✭✭✭✭Furze99


    OK then, it will undermine the traditional understanding of marriage which has served us well for centuries. There's nothing wrong with the concept of marriage and it should be encouraged. The way to do this is not to dilute undermine the practice.



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  • Registered Users Posts: 16,360 ✭✭✭✭Loafing Oaf


    Louise O'Reilly was shaking her head about this on tv the other night: "I wonder who they're going to dig up...ressurect to defend the current coinstitutional position"



  • Registered Users Posts: 34,704 ✭✭✭✭Hotblack Desiato


    I know you're in favour of the proposed change. Just that I can't figure out how the opponents of this seem to think it's OK for certain families to not be legally recognised as 'real families'.

    Fingal County Council are certainly not competent to be making decisions about the most important piece of infrastructure on the island. They need to stick to badly designed cycle lanes and deciding on whether Mrs Murphy can have her kitchen extension.



  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 38,613 CMod ✭✭✭✭ancapailldorcha


    Prove it then. How will marriage be undermined?

    The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God.

    Leviticus 19:34



  • Registered Users Posts: 16,619 ✭✭✭✭astrofool


    Would the marriage bar (Wife resigns public service position after marriage) be "illegal" if the referendum passes?

    i.e. is that something that was enabled by the constitution before, regardless of how archaic and stupid it was, which wouldn't survive a constitutional challenge post a yes referendum? (or was it always likely to fail a constitutional check)



  • Registered Users Posts: 34,704 ✭✭✭✭Hotblack Desiato


    It's already illegal, we had to remove it when joining the EEC, and EU law overrides our constitution.

    Fingal County Council are certainly not competent to be making decisions about the most important piece of infrastructure on the island. They need to stick to badly designed cycle lanes and deciding on whether Mrs Murphy can have her kitchen extension.



  • Registered Users Posts: 7,657 ✭✭✭suvigirl


    Not at all. Most people understand that families include more then those with married parents. Including single parent families and cohabiting patents.

    has to be said again, giving rights to someone doesn't take them away from those that already have them.

    societies change, whether you like it or not. Most of the population are glad we don't live in the 50s anymore



  • Registered Users Posts: 11,097 ✭✭✭✭Furze99


    Maybe you should explain why the long standing practice of marriage should not be supported? What is wrong with it?

    Cohabitating parents should get married, a civil ceremony is very easy and cheap.

    Maybe you should ask why some cohabitating parents don't want to get married - what's in it for them. What are they trying to avoid?



  • Registered Users Posts: 3,697 ✭✭✭Flaneur OBrien


    Why should people be forced to marry? Some people just don't want to be married. They will stay with their partners, but houses, have kids, but just don't want to get married. Why should they be forced to?



  • Registered Users Posts: 3,553 ✭✭✭lmimmfn


    ????? Marriage excludes people? Well I never......



  • Registered Users Posts: 7,657 ✭✭✭suvigirl


    Cohabiting parents should get married?

    Yes Father



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  • Registered Users Posts: 3,553 ✭✭✭lmimmfn


    Why not? When myself and Mrs were cohabiting we were punished by her not being eligible for dole but at the same time we were cohabiting and not married.

    That shouldn't be changed because it's taxpayers paying for it, maybe you're not a taxpayer?



  • Registered Users Posts: 7,657 ✭✭✭suvigirl


    What does it matter if I'm a taxpayer??

    Revenue and social welfare department look on marriage and cohabiting differently. That has nothing to do with the constitution.



  • Moderators, Sports Moderators Posts: 24,809 Mod ✭✭✭✭CramCycle


    I'd go further and ask how it's served us well. Apparently I wasn't part of a family until I married my child's mother many years after she was born. This narrow mindedness by other posters is insulting to a far wider section than they think and has also promoted some of the more shameful behaviour of genetic father's in Ireland in the past.



  • Registered Users Posts: 3,553 ✭✭✭lmimmfn




  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 38,613 CMod ✭✭✭✭ancapailldorcha


    Well said.

    I do wonder how many European countries never put anything like this in their constitutions and what the result was. If marriage is being diluted, maybe we should only allow a small number of marriages per year. Increase the concentration as it were.

    I hope a lot of Irish people share the same view you've outlined and put this thing to bed in the referendum. If this thread is anything to go by, the No side is going to look desperate.

    The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God.

    Leviticus 19:34



  • Registered Users Posts: 23,712 ✭✭✭✭One eyed Jack



    Not necessarily, as the provision in the Constitution doesn't refer to married women in employment, but rather married women who are not in employment. The marriage bar wasn't enabled by the Constitution either, it existed in the form of the Civil Service Registration Act, 1924, a hang-over from British rule, and carried over into the Irish Constitution in 1937. Could it be put back into the Constitution if it was removed? Sure, by way of a referendum. Could it be legisated for today in such a way that it would be made legal - yes, but no Irish Government would want to.

    In order to fully grasp the context in which it came about in Ireland, why it stayed about for as long as it did, and why it's still stinking up the place some 50 years after our ascencion to the EU when the legislation to address it was enacted with the Employment Equality Act 1977, it's best understood within a social context, as it didn't just impact upon married womens opportunities for employment within the Civil Service. Because it applied to women and not to men, it was regarded as discrimination based on sex. Fuller context is provided here and here.



    It's not quite as clear cut as that either. EU law doesn't necessarily override domestic law in all circumstances, only in certain circumstances. EU law does include a provision which prohibits discrimination on the grounds of sex and/or gender, but it doesn't include a provision which prohibits discrimination in employment on the grounds of marital status. For all their ideas of liberal reforms on the surface, they're a conservative outfit underneath:

    The directive on equal treatment in employment and occupation, introduced in 2000, establishes a framework to counter discrimination in the employment context. Article 1 lists the grounds based on which it is impermissible to discriminate, namely: religion or belief, disability, age or sexual orientation. Unlike the Race Directive, the directive on equal treatment in employment does not extend its reach to social and welfare benefits, education and healthcare. A proposal to this effect was rejected. As a matter of principle, its material scope limits the number of FL2 rules that could be affected by the implementation of the directive. However, the CJEU has found its way around this limitation and managed to include social benefits through an expansive interpretation of the notion of pay.

    In the principal cases regarding the extension of employment benefits to same-sex couples, the CJEU has paid lip service to the formal allocation of powers enshrined in the Treaties. To this effect, it has stated that as European Union law stands at present, legislation on the marital status of persons falls within the competence of the Member States. The Court’s approach is consistent with the EU legislature’s intent, as enshrined in the Preamble of the Equality Directive. Under Recital 22, the implementation of the directive is without prejudice to domestic regimes on marital status and benefits thereof. Both law and case law thus endorse the view that the EU is not entitled to interfere with the design of substantive family law matters.

    (PDF) The EU family: Is marital status emerging as a prohibited ground of discrimination? (researchgate.net)



    Whatever about the narrow mindedness of other posters, it's far more insular to be unable to acknowledge that one of the benefits of marriage is that it provides a legal structure for recognition by the State, of the family unit, which confers certain protections and rights in law that are unavailable to unmarried persons and their children. It's why it was necessary in 2015 to expand the right to enter into marriage to couples regardless of their sex, sexual orientation or gender. Marriage certainly did not, and does not promote any of the more shameful behaviour of genetic fathers either now, or in Ireland's past - their behaviour is entirely on them, but I take it the behaviour you refer to is not that by which these genetic fathers ensured their children were protected in Irish law.

    Post edited by One eyed Jack on


  • Registered Users Posts: 1,454 ✭✭✭TokTik


    It’s be illegal now, referendum or no referendum



  • Registered Users Posts: 11,097 ✭✭✭✭Furze99


    Marriage is a centuries old legal concept, as a legal construct it's there to balance and protect the interests of mothers, fathers and children.

    It's a perfectly logical legal arrangement developed and understood over numerous generations.

    If some people want to thumb their noses at marriage and pretend it's some outdated institution, let them at it. But they may also take the consequences when they then fall outside the various legal protections and arrangements that marriage affords.

    Marriage does require a degree of legal commitment - maybe that's why your people don't want to be married. They don't care for the responsibilities that stem from marriage etc. Well they can feck off then.



  • Registered Users Posts: 11,097 ✭✭✭✭Furze99


    So please explain why you didn't marry your child's mother. Marriage afforded a legal framework for your new family, with rights and obligations extending to you, your partner and your child. So you chose to ignore this legal framework, fine - but you don't really have grounds to complain when you deliberately ignore benefits.



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  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 38,613 CMod ✭✭✭✭ancapailldorcha


    Marriage shouldn't be a barrier to equality. If you have to base your argument on privilege, it's a terrible argument.

    The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God.

    Leviticus 19:34



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