Polygamous relationships not recognised under proposed constitutional changes

The Green Party TD made the comments during a debate on the proposed changes in the upcoming referenda.

The Government has confirmed that two referendums will be held on March 8 – International Women’s Day.

The referenda 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.

Under Irish law, polygamous marriages are not recognised.

Mr McNamara said: “My understanding is that, I could be wrong in this, is that European Union law, as it stands at the moment, requires that for family reunification purposes, that the spouse and children of the first marriage only are entitled family reunification.

“Now, Irish law, the 2014 Act is quite clear that all children of a person granted international protection are entitled to all minor children are entitled to family reunification.”

Responding, Mr O’Gorman said polygamous relationships would not be protected under the proposed changes.

“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,” he added.

“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,” she added.

“We want to see Article 41 amended, both in reference to family and in reference to care, and of course crucially to see the sexist language around women and mothers deleted and replaced.

So we’re all working to that same aim. We’re simply putting questions that are going to be important questions in the course of the referendum campaign.

“I think it’d be really useful for all of us campaigning on the referendum to have clarification, based upon what is said today.”

Mr O’Gorman said the rationale behind using the term “durable relationships” was to expand the concept of the family in Article 41 to cohabitees with or without children, and to one-parent families.

“It’s intended to encompass relationships of strength, relationships of stability, relationships that consistent with the existing definition of family contained in Article 41 and that is the fundamental unit group of society,” he added.

Cork TD Michael Collins criticised the term durable, saying it will be defined by case law.

“The referendum’s wording raises questions about the types of relationships included, the impact on various laws,” he added.

“The proposed amendments seem to serve no positive purpose, and it might be sensible to vote no.

“The government’s decision to not hold a referendum with European local elections could save up to €15 million, but it seems to be a cynical exercise to let the electorate blow off some steam before the June elections.”