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Dáil
‹ Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation

Marriage and referendum protections

Summary

Deputy McNamara asked whether constitutional change would affect favourable treatment for married couples. The Taoiseach said future governments and the Oireachtas could still favour married people if they chose to do so.

Article 41.3 of the Constitution states: "The State pledges itself to guard with special care the institution of marriage ... and to protect it against attack". If the referendum proposals are accepted by the people and passed, will there be favourable measures that apply to married couples that will not apply to persons in a durable relationship? What favourable measures that apply to married couples now will continue in the event that this is passed?

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Leo Varadkar The Taoiseach Fine Gael

If the referendums are passed and the Constitution is so amended, it will still be possible for future governments and the Oireachtas to discriminate in favour of people who are married. That will not change. It will obviously be up to the Oireachtas and Government at the time to decide exactly on what basis they wish to favour or discriminate in favour of people who are married.

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