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11 November 2004 Edition

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All you need is love

The decision of the High Court on Tuesday to allow a lesbian couple bring a legal action to have their Canadian marriage recognised in Ireland, and to have the Revenue Commissioners treat them under the Tax Acts as a married couple, is causing controversy in conservative circles.

The judge said himself that the case would challenge "dearly held values and long cherished practices", more than a hint of the storm to come.

Religiously defined marriages, ie. husband and wife, have traditionally been protected at all costs, even to the detriment of the family. The Garda Síochána are still reluctant to intervene in domestic disputes, even if wives are getting six shades of blue knocked out of them, and divorce was only introduced in 1995.

Instead of moving into the 21st century with the understanding that marriage between two people in love, regardless of their sexual orientation, should be supported and recognised by the state, the government is still clinging to the traditional religious interpretation rather than a broader, equality-based secular definition.

It wasn't so long ago that mixed religion marriages were frowned upon in this country. Individuals had to fight for the right to marry the person they loved, regardless of whether they were Catholic or Protestant. Now gays and lesbians are being forced to face the same fight, a half a century later, because of similar ignorant fears and prejudices.

Civil marriage is the primary institution in our society for recognising committed relationships in law. It is also the device our society uses to identify our partners for a range of rights and responsibilities - everything from inheritance rights to hospital visitations.

While Judge McKechnie's decision is welcome, it is just a first step in a long legal battle.

Why shouldn't Katherine Zappone and Anne Louise Gilligan be recognised as married and allowed the same tax privileges as the married man and woman who live next door to them?

It is an indictment of our 'tolerant' society that these women have been forced to take legal action to prove their marriage is legitimate


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