Referendum on same-sex marriage necessary for ‘certainty’ on sensitive issue, says Taoiseach

A referendum on marriage equality for same-sex couples is necessary to have “certainty on such a sensitive issue”, Taoiseach Enda Kenny has said. He told the Dáil the best way to have such certainty was “by way of vote of the people in respect of the Constitution”.

Mr Kenny was responding to Socialist Party TD Joe Higgins who said "a referendum is not needed on the issue".

Mr Higgins said the Taoiseach was aware that in article 41 of Bunreacht na hÉireann [the Constitution]But Mr Kenny told him the legal advice the Government got when civil partnership arrangements were being drafted was that marriage might not be constitutional. “If an attempt was made to introduce legislation in this regard, we would be leaving ourselves open to challenge as a consequence.”

Mr Higgins raised the issue during Taoiseach’s question time about proposed referendums. The Taoiseach had told the House no plebiscites are planned for this year but a number will go ahead next year including on same-sex marriages, on reducing the voting age to 16 and reducing the age of candidacy for presidential elections to 21.

Mr Higgins said the same-sex marriage referendum, planned for next spring, had acquired new and perhaps more urgent dimensions following the controversy and "outrageous decision by RTÉ to pay €85,000 to individuals who are opposed to same-sex marriage because of some mild enough remarks made on RTÉ about the individuals in question by the gay activist Rory O'Neill".

Mr Higgins said that by introducing legislation he could "heal the unnecessary wound caused by the exclusion of many people from the rights to which other citizens are entitled simply by reason of their sexual orientation or whatever reasons traditional institutions have for insisting on this denial".

Ballot box
The Taoiseach told him it was "important that the people of the country are able to reflect on this in a calm, considered and compassionate way so that they can make their views known at the ballot box in the context of the referendum".

Mr Kenny added that the Minister for Justice had published the heads of the Children and Family Relationships Bill, which would create a legal edifice to underpin diverse parenting situations and provide legal clarity on parental rights and duties.

Once that legislation was enacted, the question in relation to same-sex marriage would become clearer. “I have already indicated that I propose to support that referendum and will campaign in favour of it.”

Sinn Féin leader Gerry Adams said he supported the Taoiseach's call for a calm debate on the issue but he said the recent controversy had highlighted the need for legislation to give protection to lesbian, gay, bisexual and transgender citizens.

Fianna Fáil leader Micheál Martin said it would be in everyone's best interests if there was "genuine consultation across all parties" in terms of issues such as wording.