It is now clear that the emotive posters of the No campaign were a mistake and an easy target for the Yes campaign. I remember when I first saw the posters that my immediate reaction was "ahh, this is the same idiots who where anti-choice and who insisted that 'marriage should be a life sentence'". When I read Gene Kerrigan's article tearing this poster campaign apart I couldn't agree more.
But now, very late in the day, the refcom chairman tells us that the No message as portrayed in those posters was essentially correct. Unbelievable
Gerry - for this is how I shall remember you in future - seems a better fit that the Duke. This is absolutely scandalous.
Here is the exact wording of what you are referring to - there is nothing new in this. And it wasn't late in the day - these were points of detail which the Chairman answered last week in advance of one of the RTE debates.
You have been really dishonest in all of this. Really really dishonest. Your bias is almost beyond belief!
I'm going to log off now - I'm tired of this absolute crap.
2. If the Marriage Referendum is passed, will it be constitutionally permissible to favour opposite sex married couples over same sex married couples in any laws, regulations, or policy of a statutory agency, governing surrogacy and assisted human reproduction?
There are no specific Constitutional provisions on surrogacy or assisted human reproduction and this referendum does not propose introducing any such provisions.
Surrogacy is not regulated in Ireland at present. Laws have been passed dealing with assisted human reproduction but are not yet in effect.
If legislation was passed which treated same sex married couples and opposite sex married couples differently, and if that legislation was challenged, the Courts would have to decide whether the Constitution permitted such different treatment. The following are relevant considerations:
• If the Marriage Referendum is passed, the Constitution will provide for a single institution of marriage available to couples of the same sex and couples of the opposite sex.
• As well as considering Article 41 as amended in this referendum, the Courts would also have to consider Article 40.1, which provides that all citizens shall, as human persons, be held equal before the law.
• As the referendum envisages only one constitutional status of marriage, any law which treated one type of married couple differently from another would be likely to be very carefully scrutinised by the Courts and the circumstances in which such different treatment could ever be permitted would likely be exceptional.
• Were such different treatment possible, and such laws introduced, they would be upheld only if they did not create invidious or arbitrary discrimination between opposite sex and same sex couples. This means – in practical terms – that the reason for the different treatment would have to be a very good reason, which served a legitimate legislative purpose. The difference in treatment would also have to be relevant to its purpose and both opposite sex and same sex couples would have to be treated fairly. Whether these requirements are satisfied in any given circumstance would depend on the evidence presented.