The constitutional definition of the family should not be extended to cover unmarried couples, but legal protection should be given to heterosexual and to same-sex couples, according to the latest report of the all-party Oireachtas Committee on the Constitution.
The report, published yesterday, does recommend two constitutional changes: one to strengthen the rights of children and the other to take out the reference to the role of women in the home and substitute a gender-neutral wording which can apply equally to men.
"The strategic decision that faces the committee is whether or not to seek a change in the definition of the family so as to extend constitutional protection to all forms of family life," the report states.
"Despite the considerable change in demography and ethos, the committee does not find a consensus that the definition of the family in the Constitution should be extended. Indeed, in the submissions, the committee was faced with sharp division. Many wish the articles related to the family to remain unchanged. They fear that any change would threaten the position of the family based on marriage. It would undermine the stability of the traditional family and the enhancement of the common good that flows from it."
The report said that those who wished the definition of the family to be broadened felt that the basic democratic value of equality should extend to all forms of family life. The Constitution Review Group, which reported some years ago, sought to meet this requirement by providing constitutional protection for all forms of family life while preserving the special character of the family based on marriage.
However, the committee rejected this approach on the basis that it was not practicable to provide constitutional recognition for all family types while maintaining the uniqueness of one.
It came to the following conclusion: "In the case of the family, the committee takes the view that an amendment to extend the definition of the family would cause deep and long-standing division in our society and would not necessarily be passed by a majority.
"Instead of inviting such anguish and uncertainty, the committee proposes to seek, through a number of other constitutional changes and legislative proposals, to deal in an optimal way with the problems presented to it in the submissions."
On the question of cohabiting heterosexual couples the committee concluded that, although such couples had opted out of traditional marriage, they sometimes faced the same problems as married couples, such as disagreements, unacceptable behaviour by one partner, sickness, separation or death. The report suggested that the Oireachtas might legislate to provide "marriage-like" privileges to such couples as long as they did not exceed those of the family based on marriage.
With regard to same-sex couples the report said that, since the committee had decided not to extend the definition of the family, constitutional protection would not apply. It concluded that legislation would be more appropriate than a presumptive scheme to deal with the issue.
Dealing with the rights of children the committee found that now, more than ever, there was acute public concern to ensure that all children in the State were treated equally and protected closely. The State should extend all the supports it reasonably could to ensure that the best interests of the child were paramount.
The committee proposed an amendment to Article 41 stating: "All children, irrespective of birth, gender, race or religion, are equal before the law. In all cases where the welfare of the child so requires, regard shall be had to the best interests of that child."
The other proposed constitutional amendments relate to the clauses recognising the importance of women's contribution within the home and placing an obligation on the State to ensure that mothers should not be obliged by economic necessity to work outside the home.
The committee also proposed that legal changes be made to give natural fathers more rights and that lone parents should also have further legal protection.
