CIARAN BYRNE and
MAEVE SHEEHAN
A LARGE minority of voters in Ireland - almost 40 per cent - are in favour of gay marriages being allowed in this country, according to a Sunday Independent/ Millward Brown IMS opinion poll.

But there is still staunch opposition to such a move, with 50 per cent of all voters opposed to the idea of same-sex couples getting marriage rights in this country.

Yesterday, the Minister for Justice Michael McDowell threw his weight behind the idea of "legal recognition" as Catholic bishops spoke of the need for "just treatment", "consideration" and "respect" for gay couples.

A surprisingly high 39 per cent of those questioned were in favour of the suggestion that same-sex couples should be legally allowed to marry in Ireland. 50 per cent were opposed to the idea and 11 per cent undecided.

Voters were questioned days after Taoiseach Bertie Ahern said he wanted gay couples in established relationships to have more equal legal rights in matters such as tax and inheritance.

Such changes to the law would be seen as a reasonable step in giving equal rights to gay couples and others who share homes and finances but are penalised by the taxman because they are not married.

The issue is becoming hugely contentious. Pope John Paul II yesterday warned countries, including Ireland, against attempts to tamper with what he called "the irreplaceable" institution of marriage-based family, saying that such efforts would deeply wound society.

The Pope has been an outspoken opponent of gay marriage. His speech to participants in a meeting of the Vatican's council on family matters didn't mention any specific issues.

But it appeared to refer to moves by some countries to recognise marriage between homosexuals or to grant social benefits deriving from marriage - such as inheritance or pensions - to unmarried cohabiting couples.

"Family, based on marriage, is a natural, irreplaceable institution and a fundamental element of the common good of every society," the Pope said. "Whoever destroys this fundamental fabric of human co-existence, by not respecting its identity and by distorting its tasks, delivers a deep wound to society and often provokes irreparable damage."

Despite the comments, the Justice Minister yesterday threw his weight behind calls for legal recognition of same-sex partnerships and others unions outside of marriage.

A lesbian Irish couple has launched a lawsuit against the Revenue Commissioners for refusing to recognise their 2003 marriage in Canada. Married couples can claim a special income tax credit.

While Mr McDowell stopped short of endorsing calls for gay people to be given the right to marry, he said: "Most gay people, in my personal view, do not want to marry but do want the option of a civil partnership that would give them some of the positive features of the marriage relationship in the eyes of the law," he told the Young PD national conference.

But today's findings show a substantial number of people - mainly younger voters - are in favour of the idea of allowing gay couples to marry in Ireland, a move which would be hotly opposed by the Catholic hierarchy.

The results also reflect concern within the Catholic church that granting legal recognition to couples who live together would undermine the status of married couples.

Several bishops contacted by the Sunday Independent said they were worried that marriage could be devalued as a result - but they also spoke about the need for respect for gay couples, of which there are about 1,900 living here.

Commenting on the idea of same sex-partnerships being recognised in marriage, Bishop Willie Walsh, of Killaloe, said people living together in "caring relationships" deserved respect but that the institution of marriage had to be protected.

"There would be a concern amongst all of us as to how to give that special place to marriage. There would be equally a concern among us not to talk down the importance of caring relationships," said Bishop Walsh.

"I see the position of marriage as a life-long loving relationship between a man and a woman; I see that as sacred and I would be worried if we did anything to lesson that."

However, he added that he recognised the need for a government to make some provision for "what one might describe as long-term, caring relationships".

"I would have no problem with the Government recognising and providing just treatment for those people. There are a whole variety of relationships, not all of which are sexual relationships," he said.

Bishop Leo O'Reilly, of the diocese of Kilmore, also gave qualified support: "Obviously, if two people are living together in a long-term stable relationship, and raising children, and they don't believe in marriage or are not of Christian persuasion, obviously they should have some consideration. The difficulty is that it would definitely undermine the institution of marriage as an alternative."

Another bishop, who asked not to be named, said "giving legal backing to people living together - even siblings" would be the first step towards devaluing marriage.

The bishops are to discuss the issue at their conference next month. They are likely to urge the Government to afford special treatment to married couples, in a submission to an all-party Oireachtas committee that is examining the role and definition of the family in the Constitution.

Minister McDowell echoed some of those comments yesterday and said he believed that some form of civil partnership would be preferred instead. He said: "This could offer greater flexibility than a form of marriage.

"There are many co-habiting heterosexual couples. There may be brothers sharing a farm. There may be an elderly parent being supported by a child. I believe that it makes sense from the perspective of fairness and equality to expand the debate beyond same-sex relationships to include such people."