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Referendum on Gender Equality (THREADBANS IN OP)

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  • Registered Users Posts: 18,719 ✭✭✭✭gormdubhgorm


    I can see why they left it “Loose” thought. As it allows change over time to suit societal norms. It will be interpreted by the judiciary.

    If it is passed I think there will be only one winner - the legal profession, plenty of court cases etc. No doubt some will be bringing judicial review cases.

    Guff about stuff, and stuff about guff.



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


    And that's why I'm voting No.

    Since we don't know what the eventual consequences will be.

    If the wording specifically referred to say single parent families in addition to married couple families, it would be a lot clearer. But they've tried to be too smart and to pull the wool over the publics eyes.



  • Registered Users Posts: 5,268 ✭✭✭Cody montana


    Which way are the right wingers voting?

    I will vote the opposite of that.



  • Registered Users Posts: 1,455 ✭✭✭Caquas


    Lots of people in Ireland follow this pattern because they are afraid to think for themselves. And even more afraid of what people might think of them.

    In the past, we called them craw-thumpers and Holy Joes but that game has changed. The weakness is most debilitating among party members, even elected rerepresentatives, not a single one of whom has voiced opposition to these nonsense amendments affecting profound social issues.



  • Registered Users Posts: 1,455 ✭✭✭Caquas


    Is it too late to change the title of this thread?

    We are discussing two referendums, one to widen the definition of the Family as far as possible and the other to replace an ineffectual commitment to mothers in the home with a similar commitment to family carers in general. Both might be said to promote gender equality but only by removing references to “woman” and “mothers”.

    Or is it better to leave the thread title as a reminder of how far removed these proposals are from the original initiative?



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  • Registered Users Posts: 6,995 ✭✭✭conorhal


    Ah the good 'ol Irish attitude of, "sure if he's agin, it I'm for so!"

    Apparently 'oppositional defiant disorder' isn't just a mental defect, it's a voting strategy for some. One sure to work out well, to be sure, to be sure...



  • Registered Users Posts: 3,363 ✭✭✭1800_Ladladlad


    I would recommend these two videos as are very informative. I wasn't aware of how quickly the amendments were put through the dail in the Seanad. They by the Prelegitilative scrutiny stage





  • Registered Users Posts: 6,018 ✭✭✭happyoutscan


    I'm wondering... Currently non-married couples would have to pay capital gains tax on life insurance on the death of either partner. Does the 'Family Referendum' remove this?



  • Registered Users Posts: 222 ✭✭minimary


    Saw a Soc Dems referendum poster in the wild today (so far have only seen Greens and FG no FF, SF or Labour)

    Doesn't even mention that "Yes Yes" refers to a referendum or what date its taking place on





  • Registered Users Posts: 222 ✭✭minimary



    The Government is claiming that the referendum won't have any effect on anything to do with inheritance etc. as thats governed by legislation but personally I don't see how putting married couples and durable relationships on an equal footing wouldn't make that legislation unconsitutional, happy to be corrected if that wouldn't happen but to me the O'Meara ruling shows how a constitutional ammendment can make previously legal legislation unconstitutional.



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  • Registered Users Posts: 6,301 ✭✭✭Silentcorner


    To be fair, their voters tend to just do as they are told anyway! Explaining policy and the consequences of policy would just confuse them!



  • Registered Users Posts: 34,714 ✭✭✭✭Hotblack Desiato


    A parent-child relationship is the most durable of all. You can't divorce your kids.

    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: 11,099 ✭✭✭✭Furze99


    I dunno - maybe it's an election poster, for the locals and TDs? A feel good kinda message - just say Yes, Yes, Yes, Yes, Yes, Yes..........



  • Registered Users Posts: 34,714 ✭✭✭✭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: 6,301 ✭✭✭Silentcorner


    Ya because god forbid a poster would have a message ffs!! Vote yes for what would have been a start!!! The poster reminds me of this thread actually, no one can give a clear reason to Vote Yes....you are just voting yes because you are being told to vote yes!!

    A Mothers place is in the Constitution is a much clearer message for a poster!



  • Registered Users Posts: 1,550 ✭✭✭Real Donald Trump


    Really cannot wait vote on this.

    Post edited by Real Donald Trump on


  • Registered Users Posts: 222 ✭✭minimary


    The FG one at least says "Yes to family" "Yes to care" and then the referendum date. Doesn't explain anything but at least isn't as vague



  • Registered Users Posts: 23,550 ✭✭✭✭pjohnson


    Saw my first "No" poster on way the the shop with the "Love Both" slogan.

    The lazy cheapskates couldnt be arsèd making a new poster so are recycling the successful "No" from the 8th amendment. Or they actually think this is another abortion debate.



  • Registered Users Posts: 5,796 ✭✭✭Augme


    I'm genuinely wondering how stupid would someone have to be to not understand what the poster is referring to.



  • Registered Users Posts: 6,301 ✭✭✭Silentcorner


    Jesus, another one.


    Everyone knows what the poster is. It's telling you to vote yes, and giving you no reason to...my god, can you not see the problem?



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  • Registered Users Posts: 13,319 ✭✭✭✭hotmail.com


    This is as stupid as saying I'll vote the opposite of whatever left wingers are saying.

    It's an imported American perspective which has unfortunately come into Ireland. Oppose the other side for the sake of it no matter what is said.



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


    The Catholic Church and Extreme Right Wing parties like "The Irish People" are calling for a No No

    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


    Potentially. It isn't possible to say yes or no

    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: 1,550 ✭✭✭Real Donald Trump




  • Registered Users Posts: 154 ✭✭kleiner feigling


    Best to slap a mammy and a babby on a poster and suggest that opposition means you're against mom and apple pie. That seems to be the approach so far.

    A thorough debate is sorely needed.

    Of everyone I've spoken to so far I'm either hearing "What referendum, what's that about?" or "i'm voting no for the following reasons...."



  • Registered Users Posts: 13,319 ✭✭✭✭hotmail.com


    I've not yet seen any senior minister taking part on any tv or radio debate about the referendum.

    It looks like they don't want to be tainted by it.



  • Registered Users Posts: 8,116 ✭✭✭threeball


    They're trying to sneak this referendum through as far as I can see. We're a couple of weeks out and there's no real coverage on tv or radio, no pamphlets, no debates. Pushing through some absolute drivel so a few self appointed "progressives" can pat themselves on the back.



  • Registered Users Posts: 1,810 ✭✭✭mrslancaster



    Interesting videos and clearly explained reasons for a No vote from someone with legal knowledge. Is it typical that a bill to change the Constitution would be presented and passed in just 7 days of Dail sessions - would something so major not need a longer time for debate and discussion?

    I'm still undecided.

    For example, this is from the Citizens Info and outlines some different rules for married families vs cohabiting families. I'm assuming that widowed and divorced single parents are covered under the married family category but families of single never-married parents are obviously not included.















    If the family amendment is passed, and all family units will be recognised and have the same constitutional rights, would all these legal difference have to be changed?

    If nothing will change in terms of legislation (according to RO'G) then what is the reason to change the constitution at all? So many people I've spoken to about this think that if this amendment passes, then all family units must be treated the same.



  • Registered Users Posts: 3,363 ✭✭✭1800_Ladladlad


    Quotes from those taking issue with ‘durable relationship’.

    Ivana Bacik, Labour

    “Durable relationships…is not a phrase which has that precise and established legal meaning which I think we need.”

    Holly Cairns, Social Democrats

    “What exactly is being defined as a durable relationship under the law? For example, at what point does a couple in a relationship come under the protection of Article 41? What are the implications for the application of taxation policy, social welfare payments, joint income assessments, succession, family law and mortgages, to name just a few areas?”

    Jennifer Carroll MacNeill, Fine Gael TD

    “It [durable relationships] is not a constitutional concept that I have ever seen. I questioned what it meant. It is really important that we tease this through now because it is naturally going to be a question later. What is durability? Is it about commitment or enduring?”

    Sorca Clarke, Sinn Fein TD

    “The word ‘durable’ is peculiarly odd and vague in a constitution…We need assurances that this language will not cause legal issues or loopholes. Ambiguity is not much use. We should have clear and defined wording.”

    Verona Murphy, Independent TD

    “The proposed amendment to the Constitution includes the words ‘durable relationships’. Marriage is a legal contract that is clearly defined and easy to understand. Therefore, we refer to marriage in the Constitution and it is legally clear what is being referred to. However, the phrase ‘durable relationships’ is open to interpretation, whomever you discuss it with. Is it a good idea to insert a clause in the Constitution which contains a very subjective term?”

    Catherine Connolly, Independent TD

    “I have the greatest difficulty with the word ‘durable’. If I take it on a personal basis in my own experience, I might apply the term ‘durable’ to one particular relationship and not another that was much longer than a shorter relationship. I do not know about that word. It needs to be teased out.”



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  • Registered Users Posts: 18,719 ✭✭✭✭gormdubhgorm


    I was doing a bit of reading on it in the local newspaper.

    The article below covers the "state of play" for all the political parties, and advocacy groups on the referendum

    It pointed out that in 2021 the citizen's assembly recommended the following amendments to the constitution - A40 - A41 and A42.

    .

    But to be honest what the Citizen Assembly proposed seem more sensible than what we are currently asked to vote on.

    The Citizen's Assembly stated the following in 2021:

    Insert a new clause into Article 40 to refer explicitly to gender equality and non-discrimination.

    Delete and replace the text of Article 41.2 (woman in the home) with language that is not gender specific and obliges the State to take reasonable measures to support care within the home and wider community.

    Amend Article 41 so that it would protect private and family life, with the protection afforded to the family not limited to the marital family

    --

    The Law Society of Ireland has commented on the Citizen's Assembly recommendations on Family as well as care.


    On the Family:

    The Law Society gave the following recommendations -

    - That Article 41.1 is expressly amended to ensure that the recognition of a particular family unit is not contingent on the narrow protection contained in Article 41.3.1 i.e. limited to married couples.

    - The amendment should expressly recognise the broader concept of family life

    recognised in international human rights law and should be understood to include a wide range of family relationships and situations where family members do not live in the same home.

    - The amendment should guarantee all individuals respect for their family life, subject to an express statement of the circumstances in which State intervention is permissible, modelled on Article 8(2) of the ECHR.

    - The amendment should recognise the right for all persons to marry in accordance with the law and found a family, in line with Article 9 of the EU Charter of Fundamental Rights, rather than afford preferential status as is currently the case.

    --

    On care - there were two options given by the citizen assembly -

    Option 1-

    “The State recognises that care provided by the home, family and community gives society a support without which the common good cannot be achieved.”

    "This suggested amendment provides for the recognition of care in a broad and inclusive way. It notes the valuable work which is done by thousands of carers in a gender neutral way and extends the definition of care to include those who provide care in the home, outside the home and in the community. This form of wording represents a strong symbolic commitment and covers the broadest possible subset of vulnerable carers (which include lone parents, people with disabilities and those providing unpaid care). "

    The Law Society preferred option 2-

    Proposed Wording of Textual Amendment Option 2: “The State recognises that home and family life gives to society a support without which the common good cannot be achieved. The State shall endeavour to support persons caring for others within the home as may be determined by law.”

    --

    Law Society Recommendations - That

    “Proposed Wording of Textual Amendment Option One”, or similar variations of same, should not be adopted as it ultimately offers nothing by way of a binding legal protection to these groups of people. -

    That “Proposed Wording of Textual Amendment Option 2”, or similar variations of same, should be considered on the basis that it provides a broad and inclusive recognition of carers and a strong textual basis for the justiciable rights of carers in appropriate circumstances.

    --

    After reading all of that I feel the option 2 on the care referendum would have being much more preferable as to the choice we are being given. As the referendum option seems way too narrow a definition of "care".

    The Citizen Assembly/Law Society "option 2" (on care) is not tied members of the family providing care unlike the proposed referendum - which deletes Article 41.2.1° and Article 41.2.2° and inserts a new Article 42B -

    The key words to me are"

    "provision of care, by members of a family to one another by reason of the bonds that exist among them"

    --

    What were they thinking making the definition so narrow?

    Surely care is societal in nature and it should be defined as "home and family life" as in the proposed option 2 from the citizen assembly as chosen by the law society.

    To keep it so narrow is just doing similar for carers as was done with the previous articles, assuming it is the job for family alone for care.

    --

    In my opinion the proposed article for the Family referendum (if people agree with the premise that marriage is not the foundation of the family) does not seem to have specific enough of a definition, the opposite problem to the care referendum.

    Post edited by gormdubhgorm on

    Guff about stuff, and stuff about guff.



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