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Look at jurisdictions where this is happening. While we are told that the reprehensible business of commercial surrogacy will not be allowed, there are concerns around altruistic surrogacy. The Government conveniently kept surrogacy out of the F&R bill. In addition to egg donation, which is more ethically problematic, a surrogate is also required. How can a law permit the deliberate denial to a child of a parent and genetic identity, when the Constitution upholds the family as the primary social unit ‘antecedent to law’ and pledges to ‘protect (it) from attack’ ? However, with the Constitution as it now stands, this bill is wide open to challenge. If the Constitution is changed, then the bill and the Constitution will dovetail. The male genetic parent will, in the words of the bill, ‘. It means that the child born in this way will be the child of both ‘intending parents’. The F&R bill sets out a legal framework for this to happen. Therefore, the right to marry also includes the right to found a family.įor a lesbian couple, this involves a sperm donor. Marriage is contained within that article, as “the institution upon which the family is founded”. It is the article on the family (Article 41) that we are being asked to amend. The Family and Relationships Bill (F&R Bill) was rushed through the Oireachtas ahead of the referendum to set clear water between children and family rights, on the one hand, and marriage rights, on the other. They do not accept the spin that the referendum is only about extending the right of marriage to a small number of people and that nobody else will be affected. Opponents of marriage redefinition see the issue in terms of equality and love, too. The lack of fairness in the media shows little of the values of ‘equality’ and ‘diversity’ they are happy to endorse when they are serving interests with which they agree. The Oireachtas and the media are out of step with the electorate, and the Oireachtas is more culpable since our representational system is intended to ensure balance. Yet, the ‘No’ perspective has not been receiving coverage proportionate to its support in opinion polls. The polls suggest that more than 25% of the electorate is opposed to redefining marriage. Germany does not have same-sex marriage, but, like Ireland, legally supports same-sex couples through civil partnership. The British and French governments legislated for same-sex marriage without an electoral mandate. If the referendum is passed, we would be the first country in which the public voted for same-sex marriage. We have the privilege of a vote in the matter.
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It is not scaremongering to point to the consequences in other jurisdictions of redefined marriage and parenthood. These concerns touch on love and equality. It does the electorate a great disservice to shut out concerns about unintended consequences of the legislation. This cannot be done in soundbites and slogans, but onlyin a mature conversation with the electorate.