Both sides of the fence unhappy with legislation
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HANDS up if you are happy with the Government's Civil Partnership Bill. Few, it seems, are. The new law will provide an extensive package of rights for same- sex couples who register their relationships in the form of a civil partnership.
In a separate scheme within the same Bill, gay and straight couples in long-term relationships will be allowed to regulate their joint financial and property affairs and apply to the courts for redress in the event that a relationship breaks down.
Yesterday Green party leader John Gormley pronounced the double move as a "beautiful day for Irish society". But the Government's qualified interpretation of equality poses major difficulties for gay and straight, liberal and conservatives alike.
The pro-marriage Iona Institute has complained that the bill undermines the special status afforded to marriage under the Constitution. The Irish Council for Civil Liberties described the Bill as a "halfway house", the Gay and Lesbian Network gushed that it was "historic" while MarriagEquality protested that it would leave gays and lesbians as second-class citizens.
All groups are united by the omission of children from the proposed law.
Iona insists that marriage between man and woman is the best place for a child. Others complain that children, who are supposed to be cherished equally under the Constitution, will be discriminated against because the Bill ignores lesbian and gay parents on issues such as adoption, custody and access. In addition to allowing same-sex partners to register their relationship, this new class of 'near-marrieds' will have access to benefits previously denied to them.
Same-sex couples who register their partnership will enjoy succession rights, protection of the near-marital home and maintenance rights in the event of a separation or nullity.
The Bill also contains a separate scheme for same sex and heterosexual couples who are living in long- term relationships.
These couples, who must have lived together for three years, or two years if they have a child together, will be regarded as "qualified cohabitants" by the courts and do not have to register their relationships.
- Dearbhail McDonald
