Referendum ‘won’t cover polygamous relationships’
POLYGAMOUS relationships and ‘throuples’ – or relationships between three people – will not be recognised under the proposed changes to the Constitution, Roderic O’Gorman has confirmed.
The Minister for Children told the Dáil that polygamous relationships do not represent a ‘moral institution’ in Irish law.
The Green Party TD made the comments during debate on proposed changes in the two upcoming referendums which the Government has confirmed will be held on March 8 – International Women’s Day.
The referendums will be on proposals to amend Article 41 of the Constitution to provide for a wider concept of family, beyond one defined by marriage; and to delete Article 41.2 and its reference to the role and duties of women in the home and replace it with a new article, 42B, that recognises care provided within a family.
During the debate, Clare TD Michael McNamara queried what impact the changes would have on the recognition of polygamous marriages.
Mr McNamara said: ‘My understanding is that, I could be wrong in this, European Union law, as it stands at the moment, requires that for family reunification purposes, the spouse and children of the first marriage only are entitled reunification.
‘Now, in Irish law, the 2014 Act is quite clear that all minor children of a person granted international protection are entitled to family reunification.’
Responding, Mr O’Gorman said polygamous relationships wouldn’t be protected under the proposed changes. He said: ‘First of all, polygamous relationships have never been recognised under Irish law and, secondly, because a polygamous relationship is not one that represents a fundamental group of society and it is not one that represents a moral institution in Irish law and it is not one that represents as durable. The very clear policy intention of the Government is a polygamous relationship ... and I’ve heard the word throuples thrown around ... that issue has come up in some of the debates.
‘I want to be very clear, such relationships [throuples] are not covered within the concept that we are seeking.’
The General Scheme of the Thirty-Ninth Amendment of the Constitution Bill proposes to insert the words ‘whether founded on marriage or on other durable relationships’; however there are concerns that ‘durable’ has not been defined. Labour leader Ivana Bacik has called for the word to be removed from the proposed changes.
‘We propose to take out the change you’re proposing to 41.1, to therefore delete and not to use the phrase “durable relationships”... we want to see Article 41 amended, both in reference to family and in reference to care.
‘So we’re all working to that same aim.’