Dáil Éireann Debate, Tuesday - 17 May 2016
34. Deputy Bríd Smith asked the Tánaiste and Minister for Justice and Equality given the Constitution only recognises the family unit as a married family, when unmarried couples and single-parent families, in particular, will receive the same recognition; and if she will make a statement on the matter. [10138/16]
View answerThere is extensive case law providing that the family referred to in the Constitution is the family based on marriage. A proposal to extend constitutional recognition to other family forms would most probably require an amendment to the Constitution to be put to the People by way of referendum. However, it is important to note that the constitution does recognise the fundamental rights of citizens to be held equal before the law. The constitutional context in relation to children has changed in the wake of the certification of the Children Referendum. Article 42A gives explicit recognition and protection to children. It is also a fundamental principle of public policy that children should be treated equally regardless of the marital status of their parents.
