THE GOVERNMENT is due to decide next week on the nature and scope of new legal rights for cohabiting heterosexual and same-sex couples under a Civil Partnership Bill.
The Minister for Justice, Equality and Law Reform Brian Lenihan is set to take a cautious approach by proceeding by way of legislation rather than through a referendum that might disturb the position of marriage under the Constitution. His pragmatism, however, could receive all-party support in the Dáil on an issue that still has the potential to be divisive in our society.
There are many reasons why the proposals in the new Bill should receive a warm welcome. Nearly one-in-eight of all families in this State do not include married couples, according to the latest census. This represents a seismic shift from the situation of 20 years ago. A proper legal framework should be established to cater for their financial and social needs. There is a long history of anything relating to sex, the status of marriage or religion sending governments running for cover. Consequently, reform has been slow, incremental and long overdue.
This piece of legislation is particularly welcome because it will afford protections for thousands of couples in established relationships on a range of important issues. For some people - and particularly for campaigning gay couples - the legislation will not go far enough. They have sought the right to marry, to adopt children and to enjoy the same equality before the law as married, heterosexual couples. Why shouldn't they have such rights? These civil liberties should be the subject of a mature public debate. The deeply-held prejudices of previous decades have softened over the passage of time. It seems extraordinary, but sex between consenting adult males was only decriminalised 15 years ago.
The Bill is intricate and detailed and runs to more than 200 pages. It provides for a range of marriage-like entitlements for couples in civil partnerships, including property, succession, social welfare, maintenance, pensions and taxation rights. Heterosexual and same-sex couples who have lived together for a specified period may apply to the courts for financial relief if the relationship breaks down. And they will be bound by legislation covering domestic violence and barring orders. Applications to dissolve such unions may only be made after the couple have lived apart for four years.
This Bill is a recognition of reality in today's Ireland.