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Referendum on Gender Equality (THREADBANS IN OP)

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



    It’s the family which is recognised as the natural primary and fundamental unit group of society, not marriage. Marriage is civil recognition by the State of the relationship between the members of the family. The Constitution only recognises one form of family, whereas there are many forms of family in society. It’s not a competition.



  • Registered Users Posts: 7,221 ✭✭✭plodder


    Another odd aspect of the proposal is that "durable relationships" are not just undefined; they are not even to be 'regulated by law'. So, the government is basically saying - if this passes, we are washing our hands of it, and it will be the courts who get to define what a durable relationship is.

    I was trying to think of examples of durable relationships, and we have the example of families where parents are out of the picture and grandparents are looking after their grandchildren. Again, I'm still looking for examples of specific rights that those families lack, and more important how the constitution prevents them from being given them.

    But, what other 'durable relationships' are there? What about family friends? Sometimes people regard close friends as part of the family in an informal sense. They probably don't want that to be the case in a legal/constitutional sense though.



  • Registered Users Posts: 41,062 ✭✭✭✭Annasopra


    Now you are making claims that I never made. I never ever said "all traditions are contrary to the common good" or that everyone who chose to marry in this country was "coerced or hoodwinked into marriage". I presented an alternative to the romanticised myths that you and others put forward that marriage has always been a positive thing for all involved.

    Post edited by Annasopra on

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 41,062 ✭✭✭✭Annasopra


    Not at all. Women support women to have choice.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 41,062 ✭✭✭✭Annasopra


    But they can be legislated for, the wording doesn't stop legislation

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



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  • Registered Users Posts: 18,705 ✭✭✭✭gormdubhgorm


    Partially societal and partly nature IMO. But you are telling me lies if you say that a professional working mother is only wracked with guilt because of societal pressure. It is nature as well, surely as it causes an emotive response that is causes by physiological natural causes.

    I can even give an example a while ago that I saw on twitter/X - RTE presenter of 'The Sunday Game' Jacqui Hurley (who presents TSG and sports shows - mostly GAA - great presenter she is too)

    But she was consumed with guilt missing her young daughters big day (it was either an Irish dancing or gymnastics type thing) Anyway, Hurley then posted a photo of the daughter all kitted out, and how proud she was but was devastated that she missed it due to work.In other words TSG. In tears I believe Jacqui said she was. And she was inundated with replies from women saying that her daughter knows how proud she is of her, and knows she would be there if she could.

    Would a man worry and crave such responses and have such a powerful instinct and reaction to missing their Child's recital ? Honestly?? How many would?

    It is the main reason why women pick professions such as primary school teaching, as it gives them more time off to spend with/mind their children (where possible) rather than other more time consuming professions.

    In fact in tests in female mice it was shown how powerful  oxytocin is and what a powerful matenal hormone hypothalamic paraventricular nucleus (PVN) is https://www.nature.com/articles/s41586-021-03814-7

    In the study above the senior female mice tutored the virgin female mice in motherhood a learned behaviour which is triggered by oxytocin. I would argue that strong maternal instinct was demonstrated by Jacqui Hurley when she missed her daughter's recital at work and it elicited an extremely strong emotional maternal response.


    My answer was much more nuanced than your glib comment. Which I have elaborated on above complete with a real life Irish woman's example who works late hours in the public eye. It is always women themselves who comment on the difficulties of being a woman in full time employment, missing their young children. And they empathise with each other.

    The problem as I see it - that people can change societal attitudes but a mother's grá for her young child in the formative years (in particular) will always be a strong one they want to be around their child.

    The way I see it is that society has now pressured women to go to work (even if they do not need to financially), and "the stay at home mother" is now seen as something lesser, or of a bygone age. Rather than be seen as a pilar and bedrock of society itself. A very important job in itself. Judging by the tone on this thread, it is no longer something to be admired or praiseworthy. This is what the changing of Article 42 is about IMO.

    But still we will end up having the working mothers feeling guilty, and then overcompensating for their absence. While the school/creche etc do the real child rearing of their child.

    I feel these days women try and take on far too much, work, children etc. But then have to 'outsource' the fundamental formative years rearing of the child, and in many cases even further. With High creche prices and so on, that have now lead to their own societal issues.

    It creates it's own unique pressures for a mother, that fathers do not have to suffer with the same emotional intensity (my Jacqui Hurley example - which many mothers relate to that are trying to juggle a child and work). Which can in turn can create marital pressures leading to divorce and so on. A bit of vicious circle.

    Post edited by gormdubhgorm on

    Guff about stuff, and stuff about guff.



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


    With respect, you haven't persuaded us that change is worthwhile. You've just stated it as far as I can see.



  • Registered Users Posts: 2,570 ✭✭✭eightieschewbaccy


    Putting in explicit definitions in the constitution leaves it far wider open to be challenged or for gaps to occur. Allowing for the government to legislate is far more straight forward and wouldn't require a referendum for unexpected changes.



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


    So the public are being asked to buy a pig in a poke - who knows what they could come up with.

    At least the current definition of civil marriage is clear cut. Stick with what you know etc!



  • Registered Users Posts: 2,570 ✭✭✭eightieschewbaccy


    Not really, the government has learned the lesson of not enshrining laws into the constitution. It's not the purpose it serves.



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  • Registered Users Posts: 7,221 ✭✭✭plodder


    That wasn't my point though. The government can pass any laws it likes around the protection of marriage or the family, but I don't think they can put any limit on the definition of a "durable relationship" itself. The way it is worded, that is for the courts alone to decide. If they wanted to give themselves that power, they would have put something in like "What constitutes a durable relationship may be regulated by law" at the end of 41.1.1. There's possibly hundreds of places in the constitution where the Oireachtas is given power to make laws in that way, but 41.1.1 is not one of them.



  • Registered Users Posts: 41,062 ✭✭✭✭Annasopra


    But it's not though. You are stating that not explicitly giving the power to legislate means they wouldn't have the power to legislate. That's not true.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 38,616 CMod ✭✭✭✭ancapailldorcha


    Since you can't answer any of my questions, there's no point continuing this. I've no interest in persuading you because you've clearly made up your mind and don't care to see if the other side has anything to say.

    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: 7,221 ✭✭✭plodder


    Now, I'm not a lawyer, but it will take more than anonymous posts on boards to convince me this isn't true, but you can't use legislation to define the meaning of words/terms in the constitution unless the constitution expressly allows for it. Otherwise, the constitution would be meaningless. So, say the government passes a law that limits the new extended definition of family to grandparent/grandchild families only. Anyone else could go to the courts and make a case that they have a "durable relationship" and they should be included as well. If the courts are satisfied that the relationship is durable then they will call them a family, regardless of what the government says or does.



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



    Partially societal and partly nature IMO. But you are telling me lies if you say that a professional working mother is only wracked with guilt because of societal pressure. It is nature as well, surely as it causes an emotive response that is causes by physiological natural causes.


    I’m not telling you lies at all 😁

    You’ve identified oxytocin as being responsible for the reaction you observed, and wondered if a similar reaction would be caused in a father in that position. One of the roles of oxytocin is that it encourages socially bonding. It’s precisely for that reason that mothers feel guilt where a father wouldn’t - because working is expected of men, they aren’t expected to be taking care of children. Fathers who stay at home to take care of children feel guilty because they’re not providing a wage. Fathers are as likely to exhibit similarly strong emotional responses as mothers, just depends on the circumstances:

    https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3943240/



  • Registered Users Posts: 3,449 ✭✭✭BlueSkyDreams


    All good points, but how does a Referendum materially change anything?

    If a woman wants to goto work, she can. If a man wants to stay home & look after the kids, he can.

    A Referendum isn't going to change the law (unless I have missed something?) nor is it going to change anyones perception on the social fabric of a family and who should/should not goto work or stay home to mind the kids.

    I dont see the point of the Referendum. What am I missing?



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



    you can't use legislation to define the meaning of words/terms in the constitution unless the constitution expressly allows for it


    Before the 34th amendment to the Constitution, marriage was assumed to be defined as a contract between a man and a woman. Family isn’t defined in the Constitution either, its meaning is assumed. The word Family is used to refer to a social group, which the Constitution recognises as the natural primary and fundamental unit group of society.

    The reason for the amendment being proposed is because the Family is founded on Marriage, whereas in reality - marriage isn’t necessary to form a family. I don’t know what legislative changes are being proposed either btw, but yeah, would’ve been handy! 😒



  • Registered Users Posts: 309 ✭✭Astartes


    What would Enoch Burke vote?



  • Registered Users Posts: 7,658 ✭✭✭suvigirl


    And you haven't explained how giving non married families the same protections as married families, will somehow lessen other people's rights?



  • Registered Users Posts: 7,658 ✭✭✭suvigirl


    The referendum is nothing to do with marriage.



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


    The value of civil marriage is that various legislation is based on it. It is a clear definition - you either have a marriage cert or you don't.

    'Durable relationships' could be whatever you're having.



  • Registered Users Posts: 7,658 ✭✭✭suvigirl


    It's the job of the legislator to make laws that are not unconstitutional.



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


    ?? I think you'll find the proposal as:

    The Thirty-Ninth Amendment of the Constitution (The Family) Bill 2023 proposes to amend Article 41.1.1 to insert the words “whether founded on marriage or on other durable relationships”. It also proposes the deletion of the words “on which the Family is founded” from Article 41.3.1.

    It is very much connected with marriage and the value or otherwise that the Irish citizen places on marriage.



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



    That isn’t what gives civil marriage its value, sure there’s various legislation based on the family too, neither of which are defined in the Constitution. It’s not even a question of having a marriage cert or not - it’s whether the State recognises the relationship or not.

    While it’s true that anyone is entitled to consider durable relationships whatever they want it to mean, it doesn’t follow that the Courts are likely to see it the same way - there would have to be evidence that would constitute a durable relationship.



  • Registered Users Posts: 7,658 ✭✭✭suvigirl


    It's about family.

    Giving non married families the same protections as married families.

    You haven't told us how this lessens anyone's rights, like you claimed?



  • Registered Users Posts: 43,311 ✭✭✭✭K-9


    I think grandparents have to go to the courts to get visitation rights or custody afaik.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Registered Users Posts: 222 ✭✭minimary


    Durable relationship is a concept in EU law and the Supreme Court in 2020 held that the way the Irish State had applied it was correct


    "The Court held that the definition of “partner” in the 2015 Regulations denotes a person with whom the Union citizen has a connection which is personal in nature, and which is akin to, or broadly akin to, marriage.

    With relation to the duration of the relationship and its relevance the Court found:

    Thus, a durable partnership will tend to be one of some duration, but that is not to say that the duration of the relationship is, in itself, a defining feature. The length of a relationship will be an important, and sometimes compelling, index of the degree of commitment between the couple, but it is perfectly possible for a committed long-term, what is often called a “serious” relationship, to exist between persons who have known one and other for a short time.

    With regards to whether cohabitation is required the Court found:

    It would seem to me that cohabitation is in most cases a useful yardstick by which the durability of a relationship is assessed and by which it is possible to test whether persons are genuinely in a committed partnership

    With regards to the argument that there is a lack of clarity as to what is required or what conditions need to be met with regards to the duration of a relationship and the period of cohabitation in order to be eligible to apply for a residence card as the partner of the EU citizen the Court disagreed and held: There is, in my view, no lack of clarity in the 2015 Regulations and in the other resources so that an applicant may readily understand the proofs to be met."

    The Court found that the Minister did not impose an unlawful requirement of two years prior cohabitation, the Court accepted the Minister’s case that the two year cohabitation is not applied as a strict requirement and is used flexibly. The Court found that any imposition of a two year strict requirement could not be imposed without amending the legislation. The Court did not accept the argument that the two year cohabitation requirement was mandatory in nature.

    It is beneficial to applications to now have confirmation that the Minister does not impose a mandatory two year cohabitation requirement and that the Minister should assess each case on its own particular facts.

    https://berkeleysolicitors.ie/supreme-court-clarifies-durable-partner-for-purposes-of-eu-treaty-rights-applications/



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


    I think you are trying to twist what I wrote or else parroting another posters allegation?

    I have opined support for the view that the present constitution as in Article 41.1.1 is fine as it is. No more, no less.



  • Registered Users Posts: 7,658 ✭✭✭suvigirl


    Putting other 'durable relationships' on the same par as marriage is bad I would consider for couples, mothers, fathers and children.

    Bad for them how?



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



    I have opined support for the view that the present constitution as in Article 41.1.1 is fine as it is. No more, no less.


    Now that’s not quite true? 🤨


    Putting other 'durable relationships' on the same par as marriage is bad I would consider for couples, mothers, fathers and children.

    —-

    What's the rationale behind putting other 'durable relationships' on a par with marriage in the constitution?? Maybe it's to lessen the rights of people?



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