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Referendum on Gender Equality (THREADBANS IN OP)

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  • Registered Users Posts: 12,979 ✭✭✭✭JRant


    If it falls under whatever definition the courts decide is a durable relationship then there may very well be an obligation to support them.

    "Well, yeah, you know, that's just, like, your opinion, man"



  • Registered Users Posts: 13,186 ✭✭✭✭jmayo


    I wonder if he was around now if he would be able to claim for both of them on the social welfare ?

    I am not allowed discuss …



  • Registered Users Posts: 34,715 ✭✭✭✭Hotblack Desiato


    How? in the absence of legislation it's not possible.

    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: 34,715 ✭✭✭✭Hotblack Desiato


    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: 12,979 ✭✭✭✭JRant


    Are you sure about that?

    The courts could set such a precedent due to the ambiguous wording being proposed.

    "Well, yeah, you know, that's just, like, your opinion, man"



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


    Very very unlikely

    A) the government can legislate

    B) the courts when interpreting the constitution would look at various things including the intention of the legislature at the time.

    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: 12,979 ✭✭✭✭JRant


    The government could pass legislation now to do more or less what this referendum is proposing as well.

    You're second point is interesting because it appears that the intent of the legislature (government) here is to bestow the same rights on durable relationships as marriage (under its current guise). How the courts would interpret that is certainly not a guarantee.

    "Well, yeah, you know, that's just, like, your opinion, man"



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


    No the government couldn't do what this referendum is doing solely through legislation. That's why amending the constitution is necessary.

    Yes the legislature in its discussions has been clear in its intentions that this is nothing to do with polygamy, throuples etc. The court would have to look at discussions in the oireachtas as part of its deliberations so all the scaremongering is unneccesary.

    We have seen it all before; Divorce was going to ruin all family farms, "hello divorce, goodbye daddy", if men can marry men what about horses.

    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: 7,682 ✭✭✭suvigirl


    Nothing. You can believe wherever you want. The Law will be wherever it is.



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


    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: 12,979 ✭✭✭✭JRant


    What are you talking about? Why are you on about polygamy and marrying horses?

    I'm specifically talking about seperation/divorce. Currently, someone may have to pay spousal maintenance until the payee remarries. They can also be eligible to pay if they've cohabited for 5+ years. Under this new wording, would a person be liable to keep paying spousal maintenance if the other person was in a durable relationship?

    "Well, yeah, you know, that's just, like, your opinion, man"



  • Registered Users Posts: 7,682 ✭✭✭suvigirl


    Why would you even come up with these mad ideas?

    All these crazy 'what ifs ' are so similar to the anti marriage referendum people!



  • Registered Users Posts: 11,099 ✭✭✭✭Furze99


    "Yes the legislature in its discussions has been clear in its intentions that this is nothing to do with polygamy, throuples etc."

    The legislature can say what they want and pass whatever legislation they want - but................. if said legislation is not compatible with the constitution then it will be challenged and overturned or forced to be amended. That's why we should not have vague terms like 'durable relationship'. That seemingly intelligent people ignore this is just daft.

    Has MichaelD spoken up yet? Probably not as he's outa the park soon enough. But it will initially be a president's call to judge whether a new bill is constitutional - he must have a view on it??????



  • Registered Users Posts: 18,721 ✭✭✭✭gormdubhgorm


    Just checking is thread used for the care referendum or will a separate thread have to be created? As in my mind the two referendums are interlinked.

    Guff about stuff, and stuff about guff.



  • Registered Users Posts: 7,682 ✭✭✭suvigirl


    The issue with the president referring a bill to the supreme court under Article 26, is that there can never be another constitutional case bought to the courts about that legislation.



  • Registered Users Posts: 11,099 ✭✭✭✭Furze99


    I note that Oran himself won't be bothered to vote.. but what are this "standard principles of legal interpretation" business he speaketh of?

    The courts will be bound by the wording in the end, they can try and divine what the Oireachtas meant but ultimately the wording, in Irish is what will count - that's what the public will vote on.

    Put yourself in the shoes of that well publicised 'durable relationship' of yore between Martin Cahill and the two Lawless sisters. He was married to one and had several children with both. If this were to pass, how on earth could the courts deny the rights flowing to all three and their children from a 'durable relationship'. It would be absurd and unjust if they tried to deny them as a durable relationship.

    Please explain this and stop dodging the question by dismissing it as quackery.



  • Registered Users Posts: 11,099 ✭✭✭✭Furze99


    Yes that's the point - the president should have a view on this as it will likely be his successor who may have to consider the implications of the proposed wording. And whether any legislation trying to limit the rights flowing from such a change, will be constitutional with the current proposal.



  • Registered Users Posts: 7,682 ✭✭✭suvigirl


    Supreme court judges are well able and well respected in their view on the constitution. They won't suddenly turn into aliens, with crazy ideas!



  • Registered Users Posts: 11,099 ✭✭✭✭Furze99


    Eh.. exactly what is crazy about the scenario I outlined?? A man - two women, children with both, all living effectively as a large family. Is that not a 'durable relationship' as proposed by the proponents on this change?

    If that's what the Yes vote envisages as allowable - then fine, just please be honest and state it.



  • Registered Users Posts: 7,682 ✭✭✭suvigirl


    Post edited by suvigirl on


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  • Registered Users Posts: 7,682 ✭✭✭suvigirl


    I have no idea how our Supreme court judges might judge something like that. But I would be happy enough that they are educated enough and are sensible enough to judge whatever comes before them.



  • Registered Users Posts: 12,979 ✭✭✭✭JRant


    Such a childish response but I really shouldn't be surprised.

    "Well, yeah, you know, that's just, like, your opinion, man"



  • Registered Users Posts: 7,682 ✭✭✭suvigirl


    Really?

    Maybe I shouldn't be surprised with the childish ideas about what might happen if this amendment is passed. 🙄



  • Registered Users Posts: 11,099 ✭✭✭✭Furze99


    What a weak response - you have no idea how our Supreme Court judges might judge what is a durable relationship. But you are prepared to take a chance on it?

    The Yes vote is in real trouble on this and related issues, because it can't give any certainty, just vague aspirations and sure, it'll be fine.

    Fortunately, others are looking at this and asking themselves just what are the consequences.



  • Registered Users Posts: 7,682 ✭✭✭suvigirl


    Of course I'm happy for our Supreme Court judges to judge on any case that may come before them. I don't see how it could be described as 'weak' to allow the best legal minds in our country to decide on constitutional cases.

    That is why they are, where they are.



  • Registered Users Posts: 18,520 ✭✭✭✭Bass Reeves


    They are educated but sensible dose not come into the equation. Any judge make his judgement based on the words used in any legislation and the arguments put forward by the barristers and solicitors before them.

    Wishy washy wording of legislation or in this case in Constitutional amendments will and can lead to various interpretations. We have only to look at the USA and the interpretation of the "right to bear arms".

    The state provides access to a durable relationship its called marriage, its a legal state couple enter into to prove they are in a durable relationship. There a legal requirement called divorce to exit such a relationship.

    People opt into the durable relationship called marriage. The state recognises other what may be durable relationship’s two year in the case a couple have a child or 5 years where a couple live together. However people can opt out of these relationship’s without any legal obstacle not like marriage which as a durable relationship you required to give undertaking's to exit it completely.

    Individuals have the option to show the state that they are in a durable relationship which the state can and has to recognise, it called marriage. If people choose not to accept that option why should the state feel it has to legislate for there unwillingness to accept the present options the state has given them.

    If you join the Army they give you a pair of boot to wear. If you do not join the army you do not get the boots.

    The state should not cater to the whims of an individual, it should put rules in place you make your choices, no point in whingeing afterwards.

    Hard cases make bad law

    Slava Ukrainii



  • Registered Users Posts: 7,682 ✭✭✭suvigirl


    Do you know how our courts decided all our personal rights that have come into being based on our constitution?



  • Registered Users Posts: 18,520 ✭✭✭✭Bass Reeves




  • Registered Users Posts: 5,798 ✭✭✭Augme


    Why do you think a single parent with two children isn't family?



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  • Registered Users Posts: 849 ✭✭✭MilkyToast


    Why do you think those two kids should miss out on inheritance because mammy (who was a widow who inherited from her deceased husband) died and the live-in boyfriend of a couple of years who she specifically chose not to marry wants to claim a durable relationship?

    “Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience." ~C.S. Lewis



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