The Law Reform Commission published a consultation paper on Legal Aspects of Family Relationships in 2009. The paper examined some of the aspects of family law that are directly relevant to same-sex couples and their children. The Commission invited any interested parties to make submissions to them on the basis of this consultation paper. The paper can be found here.

Noise‘ replying submission is below:

LRC - LGBT Noise Submission

Supreme Court ruling in ‘de facto’ family case shows urgent need for access to civil marriage for gay and lesbian parents.

Court’s finding that ‘de facto’ families do not exist in law means that hundreds of same-sex couples raising children have no recourse to legal protection, says NOISE.

Media Contact: Noelle Moran/Paul Kenny, Noise Media

Noise Email: media@lgbtnoise.ie

Phone Noelle Moran/Paul Kenny (086 244 5137)

“Thursday’s decision is another huge blow to the well-being and security of hundreds of Irish families and in particular to vulnerable Irish children, says NOISE Organiser Paul Kenny.

“The current government refuses to recognise the rights, needs and even the very existence of gay parents and their children in the Civil Partnership Bill.

“With Thursday’s ruling, the Supreme Court has made it very clear that a gay couple with children cannot be considered a family under the provisions of the Irish Constitution.

“Our Constitution defines family as being based in marriage. There is now a moral obligation on the government to legislate as soon as possible for access to civil marriage for same-sex couples in order to allow then and their children to avail of all of the vital legal protections reserved for families. This is the only child-centred option.”

****Ends****

Notes to editors:

The Civil Partnership Bill and Children:

Bill currently before Dáil. The proposed Bill will offer a number of legal rights to adults, but will not carry all the same rights and protections as Civil Marriage. Civil partners will not have access to family status offered in the Constitution. Families being raised by same-sex couples are not recognised or acknowledged – a registered civil partner will be unable to adopt their partner’s child and children will not be allowed to have a legal bond with their non-biological parent. This denies children access to maintenance, inheritance, visitation, next-of-kin and other rights with respect to one of their parents.

NOISE

Noise was founded in 2007 to campaign for the lifting of the ban on Civil Marriage between same-sex couples in Ireland. It is an independent, party-politically unaffiliated organisation and seeks to reach out to all people, gay or straight, who believe in equality and human rights for all (see www.lgbtnoise.ie for more).

Last night in Panti Bar, the wonderful Panti and her team invited three distinguished legal professionals to address the thronged bar on Civil Marriage, Civil Partnership and the differences between them.

Guest speakers were Senator Ivana Bacik, Reid Professor of law at Trinity, who is also part of the legal team in the Gilligan/Zappone case, Dr Fergus Ryan, Head of the Department of Law at the Dublin Institute of Technology, and barrister Brian Barrington. The panel had a very clear message.

For those who believe in equality, civil marriage for same sex couples is the only option.

The panel also indicated that Judge Dunne, who presided over the High Court hearing of the case of Drs Zappone and Gilligan (The KAL case) who are seeking to have their Canadian marriage recognised in Ireland, suggested that it is open for the Dáil to decide whether to end the marriage ban for same-sex couples. In her judgement on the 14th December 2006, she stated:

‘It is to be hoped that the legislative changes to ameliorate these difficulties will not be long in coming. Ultimately, it is for the legislature to determine the extent to which such changes should be made’.

This statement, we believe, indicates that it remains the decision of our elected representatives to end the ban on same-sex marriage. Once a bill has been brought forward to allow for this, it can be referred by the Irish President to the Supreme Court. The choice of the Supreme Court then would be either to impose their own interpretation of marriage (as being exclusively between a man and a women despite the constitution not providing a definition of marriage) or to defer to the interpretation of the elected representative of the people in the Dail that marriage is a dynamic institution that has constantly changed over time and can include same sex couples in Ireland today .

We believe that the NOISE campaign, to change the hearts and minds of the Irish people, can result in sufficient political pressure to force the Dáil to act rather than hiding behind excuses that the constitution is an impediment to same-sex marriage. This statement is simply not true unless it is tested in the Supreme Court.

Finally, it is important to remember that at this stage in the Irish campaign that this is not a question of choosing marriage at the expense of Civil Partnership. In Ireland, Civil Partnership will not be law until approximately 2010-2011. We still have time, by increasing political pressure through public and media action, to convince politicians that Civil Partnership will represent discrimination enshrined in law. We must convince politicians that it will offer a second-class status to same-sex couples and that the extra time and huge expense of setting up a separate and

parallel system of legal registration for couples is unnecessary. The easier, fairer, and less expensive option is simply to extend civil marriage, with its well-established set of rights and responsibilities, to same-sex couples. The recent upgrade by Sweden from Civil Partnership to Marriage indicates that the international trend is towards marriage. Civil Partnership does not belong in 2009.

Please keep up the pressure. Visit your TDs and demand the right to choose marriage through the campaign run by MarriagEquality, march behind NOISE and MarriagEquality banners at Pride, and bring your friends to the next NOISE march in August. Lets make it the biggest yet.

On 7th May 2009, the NLGF Symposium supported by the Equality Authority entitled, ‘MARRIAGE MATTERS FOR LESBIAN and GAY PEOPLE in IRELAND’ was held in the Westbury Hotel, Dublin and was targeted at and attended by LGBT equality advocates and activists from around the country as well as politicians, policy makers, legal practitioners, community and social work professionals, trade unionists and interested members of the LGBT community.

Speakers included Eamon Gilmore T.D (The Labour Party Leader), Alejandro Alder, International and Human Rights (Spain), Patricia Prendiville, former Executive Director ILGA-Europe and Niall Crowley, former CEO Equality Authority and Professor Sheila Greene, Director of the Children’s Research Centre (Trinity College Dublin). Furthermore, representatives from LGBT Noise, GLEN, MarriagEquality and the NLGF participated in an afternoon plenary session.

Using the funds provided by CFI, we sponsored the attendance of world-renowned human and gay rights campaigner, journalist and writer, Peter Tatchell.

A maximum attendance (150 people) was achieved by the NLGF. The symposium benefited and empowered both activists based in Dublin and

around the country who attended. This assisted in bridging the urban/rural divide as outlined in our project aims and provided a national perspective on the challenges faced. Trade unionists and politicians also derived benefit by gaining a greater understanding of the issues involved. Benefit to the wider non-attending LGBT community was also derived by the extensive media coverage that the symposium achieved, particularly of Peter Tatchells attendance, which brings greater public understanding of the issue of same-sex marriage and parenting .

The speech from Eamon Gilmore provided a highlight by holding prominent politicians publicly accountable to the LGBT community. Peter Tatchell’s talk was an additional highlight and offered an interesting and thought-provoking perspective on UK experience with regards to LGBT equality.

There appeared to be agreement that the key to building a strong LGBT community to overcome many inequalities that still exist in Ireland was through the building a strong national network based on international best practice and through engagement of international speakers and their experience.

Symposium May 09 Media Book

Ailbhe Smyth & Eamonn Gilmore

Mark McCarron

How do LGBT Noise and the campaign for marriage equality fit into the broader LGBT rights campaign?

LGBT Noise is a community-based organisation that functions to enable the entire LGBT community to express their frustration at the lack of legal recognition for same-sex relationships in Ireland through public protest and advocacy. At a recent rally in Dublin (April 19^th 2009), approximately 1000 LGBT people descended on the Dublin streets, reflecting what we see as an emerging mobilisation, politicisation and empowerment of the Irish LGBT community. The mass mobilisation of the Irish LGBT community to tackle the ban on same-sex marriage remains the key aim of LGBT Noise’s existence. We also recognise that a vibrant LGBT community is key to defeating many of the additional inequalities currently being inflicted on our community and the civil marriage campaign has the power to act as a unifying and electrifying call to action.

We believe that a key element in the on going campaign for LGBT rights is to create the conditions where LGBT individuals feel that they are an integral part of a community. We believe that the politicisation of the community behind the same-sex marriage campaign is key to creating a vibrant sense of community. With the achievement of a critical mass of political mobilisation, many additional inequalities that continue to exist for the LGBT community can then be tackled, for example, the continued right of 90% of Ireland’s schools to fire teachers, doctors, health and social care professionals due to the religious exemption from the Equality Act 2004, the disgraceful lack of equality for transgender individuals, the continued ban for gay men on blood donation, the lack of access to assisted reproduction in Ireland, the prevention of same-sex couples from adopting due to the ban on same-sex marriage, the high rate of suicide among LGBT people (http://www.belongto.org/article.aspx?articleid=97), the high rate of violence directed at LGBT community and continued homophobic bullying in schools.

LGBT Noise has travelled throughout the country as part of our mobilisation campaign, and it is clearly evident that strong and dedicated LGBT groups are dotted all over Ireland. We believe that the creation a strong national network of LGBT groups will aid the LGBT Noise campaign for same-sex marriage and the wider LGBT equality campaign, as these groups can function as centres of political mobilisation by bringing LGBT people together, informing them of the issues, and providing the encouragement and support to get actively involved, both at a local level and at nationally organised rallies. For example, last year, Noise worked with community groups in Waterford, Cork, Limerick and Galway to organise simultaneous rallies in these cities against the proposed Civil Partnership Bill (June 28^th 2008 – the date of the release of the Heads of Bill). These groups have also advertised Noise’s Dublin rallies and organised contingents of people to attend them, thus swelling the numbers of protesters on the street.

What is the key challenge to ending the ban on same-sex marriage in Ireland from a government policy perspective?

As discussed above, we believe a key challenge from a government policy perspective is to amend the Civil Registration Act 2004 to end the ban on same-sex marriage. We believe that this represents a central and logical progression from decriminalisation to full recognition of same-sex relationships through the provision of access to civil marriage. In the absence of acceptance of this basic civil right for LGBT people by the government, LGBT people and their relationships will continue to forced onto the margins of society. This challenge can only be addressed as discussed above, through the mobilisation of the entire LGBT community in Ireland to demand access to civil marriage.

Opposition to same-sex marriage, as well as to many LGBT rights, remain particularly strong within political circles outside of the major towns and cities. As the MarriagEquality, ‘Out to your TD’ campaign has demonstrated, full equality for LGBT people will be dependent on LGBT communities throughout the country advocating at a local level for change. This change can begin and be sustained by the same-sex marriage campaign.

What is the future of LGBT rights in Ireland?

The LGBT Noise campaign functions to focus attention on the lack of same-sex marriage and the inherent inequalities in Civil Partnership in order to educate the wider public and massively increase visibility of LGBT people and their relationships. Education of the public about the issue has seen an 11% increase in support for same sex marriage over the past year, from 51% to 62%.

We feel that the achievement of same sex marriage will result in positive outcomes for the LGBT community - such as increased numbers of LGBT people coming out positively to themselves (as their future relationships will be respected equally to those of heterosexual individuals), increased awareness and understanding of the LGBT community (through increased visibility of same-sex couples) and, of course, legislative reform and increased rights for LGBT people through same-sex marriage as well as the accompanying social reform.

Furthermore, as mentioned above, a newly politicised and energised LGBT community has the potential to drive further campaigns that could potentially tackle the issue of LGBT families, transgender rights and homophobia/transphobia.

Do Children being raised by same-sex parents deserve the same rights as children being raised by opposite-sex parents?

The experts think so.

“Not a single study has found children of lesbian or gay parents to be disadvantaged in any significant respect relative to children of heterosexual parents. Indeed, the evidence to date suggests that home environments provided by lesbian and gay parents are as likely as those provided by heterosexual parents to support and enable children’s psychosocial growth.” American Psychological Association (APA)

“More than 25 years of research have documented that there is no relationship between parents’ sexual orientation and any measure of a child’s emotional, psychosocial, and behavioural adjustment. These data have demonstrated no risk to children as a result of growing up in a family with 1 or more gay parents. Conscientious and nurturing adults, whether they are men or women, heterosexual or homosexual, can be excellent parents. The rights, benefits, and protections of civil marriage can further strengthen these families.” American Academy of Pediatrics (AAP)

”Accumulated evidence suggests the best interest of the child requires attachment to committed, nurturing and competent parents. Evaluation of an individual or couple for these parental qualities should be determined without prejudice regarding sexual orientation. Gay and lesbian individuals and couples are capable of meeting the best interest of the child and should be afforded the same rights and should accept the same responsibilities as heterosexual parents.” American Psychoanalytic Association

Children are being raised by same-sex partners in Ireland today, but they are disadvantaged because they do not have the same rights and protections as those being raised by married couples. The only way to let these children know that their families are valid and legally protected is to allow gay civil marriage

Coparent or Second-Parent Adoption by Same-Sex Parents

American Academy of Pedriatics

Children who are born to or adopted by 1 member of a same-sex couple deserve the security of 2 legally recognized parents. Therefore, the American Academy of Pediatrics supports legislative and legal efforts to provide the possibility of adoption of the child by the second parent or coparent in these families.

Read the full report here.

Beliefs drive research agenda of new think tanks - Study on gay adoption disputed by specialists

An interesting news report outlining how the science on LGBT families is being distorted

Read the full report here.