THE GOVERNMENT could face a legal challenge over planned legislation to recognise cohabiting and same-sex couples, Cardinal Seán Brady, the Primate of All-Ireland, has suggested.
He described the planned Civil Partnership Bill as "perhaps the greatest revolution in the history of the Irish family" and he said the Government was obliged by the Constitution to guard the institution of marriage "with special care".
The Civil Partnership Bill is expected to come into law next year and will give greater protection to cohabiting and same-sex couples in areas such as pensions, inheritance and tax.
Cardinal Brady said a complete assessment could not be made until the legislation was published, but it appeared that the Government was prepared to grant to cohabiting and same-sex couples the status of marriage in all but name.
Apart from the restrictions on adoption by same-sex couples, "it is difficult to see how anything other than the introduction of de facto marriage for cohabiting and same-sex couples is envisaged", he said.
"Those who are committed to the probity of the Constitution, to the moral integrity of the word of God and to the precious human value of marriage between a man and a woman as the foundation of society may have to pursue all avenues of legal and democratic challenge to the published legislation if this is the case," he said.
Asked if the Catholic bishops were considering a legal challenge, a spokesman for the Catholic Communications Office said "it would be premature to address that question" as the legislation had not been published yet.
The spokesman said marriage between a man and woman was protected by the Constitution and the proposed legislation could well undermine this protection. "And that obviously would have legal consequences."
Cardinal Brady made his comments when addressing the 11th annual Céifin conference which deals with changes in family life. He said it was "totally appropriate and just" to have protections for people in relationships of long-term dependency.
The question was at what point such policy began to undermine "the family based on marriage as the fundamental unit of society" and thereby the common good.
The Green Party's justice spokesman, Ciarán Cuffe, said he was "saddened" by Cardinal Bradys remarks. "I am disturbed to see him urging people to mount legal and political challenges to the planned civil union legislation," he said.
