Ciarán Cuffe on the radio this morning spoke of the Green party needing to be “principled pragmatists” regarding the legislation recognizing civil partnerships between gay people. This is in response to Minister for Justice Brian Lenihan&#…

Yes, the law is a mess in this area, but that’s what the Supreme Court is there for, to clarify things, to interpret and re-interpret. They’ve not done a bad job in the past (thinking of the X case here, I don’t know what has been going on in the last 13 years or so.)

The constitution may imply that marriage is husband-wife only, but it doesn’t say so explicitly. So a change of wording is not necessary.

The constitution does recognise the legislation of other jurisdictions when it comes to marriage law.

41.3.3 No person whose marriage has been dissolved under the civil law of any other State but is a subsisting valid marriage under (Irish) law shall be capable of contracting a valid marriage (in Ireland) during the lifetime of the other party to the marriage so dissolved.

My understanding is that marriages that are legal in other states (like Canada) prevent people from marrying again in Ireland. At the moment, the constitution dictates that Katherine Zappone and Ann Louise Gilligan can’t marry anyone else in Ireland. They would have to get an Irish divorce first. If they got a Canadian divorce, they still wouldn’t be able to remarry in Ireland.

Their marriage is surely, therefore, constitutional in Ireland. QED.

This is what a friend of mine studying law said saying it is all a bit mess to do. But considering Fiona De longrais believes it is possible there must be something doable.