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Referendum on Gender Equality (THREADBANS IN OP)

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  • Registered Users Posts: 394 ✭✭KevMayo88


    Whatever you may think about McDowell, he is an expert on the legal implications of a yes vote and has clearly explained his position in relation to same. I have not seen any such legal minded clarity from any proponent on the yes side.



  • Subscribers Posts: 41,537 ✭✭✭✭sydthebeat


    very easy read back the last few pages and look for the word 'immigrants' and teh context around what is being said. Text book xenophobia.



  • Registered Users Posts: 1,781 ✭✭✭mohawk


    Despite what anyone says until it goes before the courts we don’t know. Legal experts are making educated guesses. No one can say for absolute certainty what a durable relationship be defined as.

    Surely there was a better way to word it to reflect one parent family’s are just as much a family as a married couple with children.

    There are many divorced people out there who are in relationships and have no intention of marrying their new partner because they might want to protect their assets for their children or just have been burned before in the divorce process. Some people mightn’t want to find themselves in a legally defined durable relationship for their own reasons.

    I don’t know what they were thinking with this tbh.



  • Registered Users Posts: 7,676 ✭✭✭suvigirl


    Exactly. Why all these people are worried about definitions when they will never need to decide what is a durable relationship is beyond me!



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


    I was just thinking I found this thread very helpful for deciding how I will vote. Made me research and had plenty of food for thought.

    If someone does not seem very objective in their argument either yes or no. It shows. I only pay attention to those that put reasoned arguments then think about them.

    Constitutional law is based on a hierarchy of rights which is ultimately decided by the courts when they conflict. I think it is up to each individual to think of scenarios past/present or future that the proposed referendum would/could change. Succession rights, rights within the family (durable relationship v marriage) etc. Then decide if that is what they want.

    Guff about stuff, and stuff about guff.



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  • Registered Users Posts: 3,253 ✭✭✭jackofalltrades


    The 27th amendment passed by huge margin, asylum applications dropped off a cliff after it.

    If the referendum hadn't happened we'd be the only country in Europe with unrestricted birth right citizenship right now and our current spike in asylum seekers would IMO be a lot worse.



  • Registered Users Posts: 12,874 ✭✭✭✭Rothko




  • Subscribers Posts: 41,537 ✭✭✭✭sydthebeat




  • Registered Users Posts: 1,781 ✭✭✭mohawk


    When for example we voted on marriage equality or to repeal the 8th it seemed pretty straightforward what the outcome would be so for me it was an easy yes. I filtered out all the crazy arguments calling for a No vote.

    People have no say in legislation that gets passed, but they do have a say on changes to the constitution. So yes many voters do expect some level of clarity on what the outcome of any change to the constitution will entail.



  • Registered Users Posts: 12,874 ✭✭✭✭Rothko


    Are the xenophobes and racists in the room with you now?



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  • Registered Users Posts: 3,253 ✭✭✭jackofalltrades


    Exactly.

    Marriage equality referendum = Gay people can marry.

    Divorce referendum = people can get divorced and remarry.

    Abolish the Seanad referendum = the Seanad is abolished.

    People have a good idea what's going to happen.

    Family referendum = We're going to add durable relationship to the constitution. What's that? That's for the courts to decide. Run along now and Vote Yes



  • Subscribers Posts: 41,537 ✭✭✭✭sydthebeat


    racists? are you projecting?

    The xenophobes have made themselves known. To give you a hint, you dont even have to go back 3 pages.



  • Registered Users Posts: 888 ✭✭✭nolivesmatter


    Genuine question here, maybe it's been asked and answered already, but as regards how the constitution is currently written:

    "The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home."

    What is the state doing right now to implement this? Based on the wording you'd think there was some kind of 'Mothers-stay-at-home-allowance', but as far as I can see there's **** all. What does a Yes vote change here other than literally just the words?



  • Registered Users Posts: 1,276 ✭✭✭kabakuyu


    There are a myriad of reasons why people will vote no to the amendments, your name calling actually helps the No side, keep it up.



  • Subscribers Posts: 41,537 ✭✭✭✭sydthebeat


    fair enough, im not the one who claimed to be fearful of "immigrants coming in to abuse the system"

    if thats a fear you have, you are xenophobic.



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


    For those who do not know there are various methods the courts use in Constitutional Interpretation.

    1. The Literal Method

    2. The Purposive Method

    3. The Historical Method

    4. The Constitution as a Living Document

    5. The Harmonious Method

    6. The Natural Law

    It depends on the judges viewpoint. How would most judges view it?


    Looking at A41.1.1 and A41.3.1 does it mean that marriage has greater importance than “durable relationships”? Because the part that “protects marriage against attack” remains?

    Or does the removal of of the part about marriage A41.3.1 “on which the family is founded” mean that durable relationship h could now have some form of equivalence to marriage?

    Guff about stuff, and stuff about guff.



  • Registered Users Posts: 1,276 ✭✭✭kabakuyu


    Nonsense, people have the right to ask about all the ramifications of a yes/no vote even if it includes questions about immigration,this new wording is going in the constitution and we will have to live with it for a long time, tbf your name calling reflects badly on you, you usually make good contributions.



  • Registered Users Posts: 394 ✭✭KevMayo88


    Utter rubbish. If being concerned that assylum seekers and advocacy groups will use the carrot of "durable relationships" to try and facilitate even more immigration into Ireland, I couldn't care less what labels you throw at me, and I think you will find many people feel the same way.



  • Registered Users Posts: 12,874 ✭✭✭✭Rothko


    They're just throwing a tantrum because some people have dared to have an opinion that differs from their own. You see it all the time on here.



  • Registered Users Posts: 394 ✭✭KevMayo88


    When the referendums are defeated on Saturday we will have all the same people jumping up and down claiming that the NO/NO result was a result of "far right online misinformation" and the demonization of Gript, Twitter, etc. for "sowing fear and division", rabble rabble...



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


    In my view the anti-immigrant argument as the main reason to vote no is not helpful. Why not focus on EU residency questions and EU case law therein vis a vis “durable relationships” instead?

    Hyperbole does no one any favours, as it moves away from reasoned argument.

    There are much more nuanced arguments about the upcoming referendum besides “immigrants” IMO.

    Guff about stuff, and stuff about guff.



  • Registered Users Posts: 7,676 ✭✭✭suvigirl


    UK and EU citizens are entitled to bring their families to Ireland to live, any issue with them?



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


    To be honest I think the referendum is partly due to the professional classes of women wanting to alleviate guilt.

    Those who chose to work not out of economic necessity and have their child reared by private institutions, while on occasion miss important childhood events due to work priorities.

    For those women the word “neglect” cuts at the craw. They feel guilty.

    As for your question about what the government are doing about it. I think the government would prefer women to work regardless of “economic necessity”

    It was pointed out to me by my mother when the “marriage ban” lifted in the 70’s allowing married women to work it helped improve the economy.

    It does make me think that the mother who does stay at home, mind the kids is going to be viewed as somehow lesser than the professional classes of women.

    More often than not that “stay at home mother” these days is going to be from a poorer socio economic background. It would not be worth their while to work.

    As due to the level of education they would struggle for employment that would pay for childcare costs.

    Guff about stuff, and stuff about guff.



  • Registered Users Posts: 377 ✭✭whatisayis


    The Constitution says the state will endeavour to ensure a woman doesn't neglect her duties in the home out of economic nessicty. It says nothing about doing as much as possible.

    And no one said it did. It also doesn't literally say "looking after the family" or mention the word "money". As I said, the Constitution has to be read as a whole document. I'll break it down a little bit more for you and please note these are not the actual words in the Constitution but an explanation of how the various Articles in the Family section interlink:

    The foundation of society is the family which means social order relies on the family therefore:

    The state *GUARANTEES that it will protect the family and also acknowledges that without the woman looking after her family a good social order will not be achieved therefore:

    The state will honour it's guarantee by doing all it can to ensure that lack of money will not prevent a mother to have to join the labour force which would have a detrimental effect on the common good and therefore society.



  • Registered Users Posts: 4,914 ✭✭✭skimpydoo


    Have they explained why they are voting yes and do you comprehend their reasoning?



  • Registered Users Posts: 888 ✭✭✭nolivesmatter


    Prefacing this with the fact that I don't think I fully grasp what this all means...

    I think I'm just left feeling like most of this is all just theoretical and ultimately doesn't mean too much either way. A Yes vote sounds right to me if it means providing more resources to people who need them. But again it doesn't seem like they are implementing the constitution in a meaningful way as it is. I don't see what's in place to help mothers so they can stay at home with the kids. For that reason I don't imagine "extending it" will really amount to much either. So I'm left with the options of voting Yes for just an idea that sounds nice, or No as an F you to the state for my perceived emptiness of it all...



  • Registered Users Posts: 394 ✭✭KevMayo88




  • Registered Users Posts: 377 ✭✭whatisayis


    N one has claimed a man cant be a staybat home parent, just that his work isn't acknowledged in the Constitution which is wrong imo.

    By that thought process our two female Presidents and other female TD's are still not acknowleged in the Constitution as the President, Taoiseach, Senators etc are all referred to as masculine.

    It seems it's only the words woman, women and mother that are deemed objectionable.



  • Registered Users Posts: 13,317 ✭✭✭✭hotmail.com


    I see the Gay Community News paper has switched their loyalties from Yes Yes to Yes No.

    No in the care referendum.

    It seems to confirm it didn't really have a clue what the referendum was about and just said Yes because everyone else was.

    This referendum is demonstrating utter stupidity of these organisations.



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  • Registered Users Posts: 377 ✭✭whatisayis


    This will be the first time in the Constitution that the State will.be obliged to make some effort to ensure people with a disability are cared for. As things stand there absolutely zero Constitutional obligation on the State to even do that. It's a fairly low level though and very valid reasons for a No vote

    That's incorrect. This will be the first time in the Constitution that only the family will be obliged to provide care for people both with and without a disability. It will not be possible for a disabled citizen to bring a Constitutional challenge to the Supreme court looking for state support as there will be nothing in the Constitution that obliges the state to provide that support.

    Where in this proposed amendment does the state have any obligation to care for someone with no family?

    Where in this proposed amendment does it say that the state will have a Constitutional obligation to ensure state supported services are available to those who wish to work and live independently of their family?



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