The Mudcat Café TM
Thread #157281   Message #3712317
Posted By: Thompson
27-May-15 - 06:12 PM
Thread Name: BS: All changed, changed utterly.
Subject: RE: BS: All changed, changed utterly.
Keith A wrote: Could someone provide the first few of the 160 differences

Here you go, Keith:

Short list of a few

Family unit not recognised
The civil partnership legislation does not recognise same-sex family units. The law ensures that same-sex relationships are treated unequally to heterosexual married couples in more than 100 instances.

Home not referred to as a family home
A home jointly owned by a same-sex couple is not considered a family home under the civil partnership legislation. Instead our homes are downgraded to the status of a 'shared home'.

Adoption rights
Same-sex couples still cannot adopt a child, even the child or children of their civil partner. Of course the legal position whereby an individual, regardless of their sexuality, can apply to adopt is maintained. However, unlike heterosexuals, we are not entitled to adopt as a couple.

Recognition of marriages from outside the state
Heterosexual couples who get married abroad have their marriages recognised in Ireland and avail of all the rights that flow from marriage. Same-sex couples who get married (or register a civil partnership) abroad in one of the 26 countries listed in Statutory Instrument 649 (2010) will have their civil partnership or civil marriage recognised as a civil partnership only. So this means that even if a same-sex couple were to get married abroad in one of the countries listed, in Ireland their marriage will only be recognised as a civil partnership with far fewer rights.

Compellability at Criminal Trial
A heterosexual couple who are married, cannot be compelled to give evidence against each other in a criminal trial. One of the reasons for this is recognition that testifying against one's spouse, particularly when compelled to do so, risks creating serious issues in a family. However, the same understanding of family cohesion does not extend to civil partners who could be forced/compelled to testify against their partner in a trial.

Children
Lesbians and gay men have always been loving mums and dads to their children. However, the civil partnership legislation completely ignores children – as if the children of same-sex couples don't exist! There is no provision for guardianship of children who are co-parented by same-sex couples. Importantly, there is also no provision for custody or maintenance arrangements for our children. For further details on the discrimination faced by children with LGBT parents, please see our report Voices of Children, please log on to our website at: www.marriagequality.ie.

Next of Kin
A child's non-biological parent may not be treated as next of kin in a hospital or school situation. In essence there is no legal recognition of the relationship between the child or children and their non-biological parents; they are effectively strangers in law. What this means in reality is that if a child needs emergency medical treatment and the biological parent is away, the non-biological parent will be unable to sign consent forms for treatment needed.

Separation
Married couples can divorce or secure a judicial separation, as opposed to civil partners who can only dissolve their relationship. The difference in approach shows clearly that civil partnerships are not seen by legislators as being as important to society as civil marriages.