Potatriotique

Summary

[This is another one of my lengthy posts, so I’ve included the bulk of it after the “Read more” link, below. Other gay stuff here]

Tuesday and Wednesday of this week saw members of Dáil Éireann discussing the Labour party’s proposed Civil Unions Bill 2006. (Information also available here. [PDF]) Those evenings also saw the response from the government and other opposition parties.

- Read the transcript of the debate on Tuesday, 20th February 2007 here.
- Read the transcript of the debate on Wednesday, 21st February 2007 here.

I should begin by stating my own view clearly on the Bill itself.

The Civil Unions Bill is not marriage equality.

While the Bill may give same sex couples a broad range of marriage-like privileges, it does not confer equality of rights. Gay and lesbians are the only human beings for whom the right to marry is denied in Ireland.

This legislative proposal is to be welcomed, remembering all the while that the Civil Unions Bill is a step - a great step, but a step nonetheless - towards achieving full equality for same-sex relationships. (Personally, I favour the approach taken by FELGT in Spain [.doc].)

And so to the government’s response to this Bill.

On Tuesday, at the very last minute, just before Brendan Howlin was to introduce the Civil Unions Bill 2006, the government issued its “reasoned amendment”. (The full official response by An Tánaiste, Michael McDowell, including the government amendment, can be found here (ninth post down).)

The amendment stated that the government proposes to postpone the second reading of the Bill for six months. What this means is that, once the Dáil is dissolved with the general elections, the Bill will fall. “Not voting against the Bill” is utterly disingenuous and, frankly, insulting. As well the government knows, the effect of the so-called amendment is to kill this legislative proposal to recognise same-sex couples.

[Previous posts on equality for LGBTs in Ireland here; rest of this rambling post below the link]

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Recognising Diversity: Celebrating Marriage for All

LANDMARK CASE FOR SAME SEX MARRIAGE OPENS TODAY

3rd October, 2006

“High Court has an opportunity to be ambitious and to make the Irish Constitution relevant and responsive to the real and lived marriages of same-sex couples” – Ailbhe Smyth

The High Court will hear arguments today in the case being taken by Drs Katherine Zappone and Ann Louise Gilligan (KAL Case) against the Revenue Commissioners and the State for recognition of their legal Canadian marriage in Ireland.

Senior Counsel for the plaintiffs, Michael Collins, will present the opening address before Judge Elizabeth Dunne. He will set out that the couple are asking for equality and fairness and to be treated the same as other married couples in Ireland.

Drs Zappone and Gilligan will seek various remedies before the High Court. In particular, they will seek a declaration that in failing to recognise their Canadian marriage, and in failing to apply the tax law provisions relating to married couples to them as a married couple, the State and the Revenue Commissioners have acted unlawfully, in breach of their constitutional rights to equality, to marriage, to property rights and family rights and in breach of their rights to privacy, marriage and non-discrimination under the European Convention on Human Rights.

“This case is fundamentally about rights and equality,” said Ailbhe Smyth, Chair of the National Lesbian and Gay Federation and KAL Advocacy Initiative supporter. “When our laws deny the equal rights of all individuals to make life-long commitments of intimacy and dependency that are actually recognised and supported by law, they discriminate and exclude.”

“We are hoping that The High Court takes the opportunity to be ambitious and to make the Irish Constitution relevant and responsive to the real and lived marriages of same-sex couples,” she said.

She also called upon members of Dáil Eireann to introduce legislation which will allow all citizens of Ireland to enter into a civil marriage if they choose to, stressing that legislators have the power to short-cut the judicial process.

“As representatives of all citizens of Ireland you have an opportunity to introduce legislation which fully commits Ireland to equality for all. Critically, we are asking you to act now - not in the next Dáil term, not after the votes for the next election are safe, not after the judiciary has considered the matter,” she said.

The KAL Case arose after Dr Zappone, a public policy research consultant, and Dr Gilligan, an academic, married in Vancouver on September 13th, 2003.

On July 1st, 2004, the Revenue refused the couple’s claim for the same allowances as a married couple under the Taxes Consolidation Acts. The Revenue argued that married couples related only to “a husband” and “a wife”, and that the Oxford English dictionary defined these as a married man and a married woman.

In the 1937 Constitution, the heterosexual marital family is the only officially recognised family structure under Irish law. In recent years, however, there has been enormous change in family structures in Ireland. In particular, the numbers of those co-habiting have doubled, from 4% of all family units in 1996 (31,300) to 8% in 2002(77,600). While still small in relative terms, the number of same sex cohabiting couples has also increased considerably from 150 in 1996 to 1,300 in 2002.

The number of children living with co-habiting parents rather than married parents has increased significantly from 23,000 children in 1996 to 51,700 children in 2002. The percentage of births outside marriage now stands at just over 31%, that is, almost one-third of births, compared with just over one-quarter (25.3%) in 1996.

The case is expected to run for three weeks.

KAL Initiative
c/o Tower 1, Fumbally Court, Fumbally Lane, Dublin 8
kalcoord@gmail.ie www.kalcase.org

Well, folks, it’s nearly time for the KAL Case to begin.

On Tuesday, 3rd October, Dr. Katherine Zappone and Ann Louise Gilligan are due to take their challenge against the Revenue Commissioners to have their Canadian marriage recognised in Ireland to the High Court.

To coincide, there is a “Gathering of Support” due to take place at 1:45pm outside Dáil Éireann. (Details here.)

Katherine and Ann Louise, both Irish citizens, are already married under Canadian law. As far as I’m aware, if any opposite-sex couple got married in Canada, recognition of that marriage in Ireland would essentially be a formality. The Revenue Commissioners in Ireland, however, define “spouse” in opposite-sex terms of (male) husband and (female) wife.

Why this differential treatment towards another couple married under exactly the same Canadian law?

The case being brought by Katherine Zappone and Ann Louise Gilligan is about fairness and equality for all members of this society – its fundamental emphasis is the respect of the rights of both married and non-married people to share their lives in an atmosphere of social and economic stability. Although their case calls for the State’s recognition of their valid marriage abroad, the implications of such recognition is far-reaching for partnership legislation in Ireland.

In failing to recognise their marriage, the State and the Revenue Commissioners are not recognising their right to equality before the law, as guaranteed by the Irish Constitution. They are also failing to recognise their right to privacy and family life as guaranteed in the European Convention on Human Rights.

Time will tell how the case plays out, but whatever the outcome, this is potentially a historic challenge.

(It remains to be seen if Bertie “Whip-round” Ahern’s dealings will upstage events, but here’s hoping this country’s big enough for more than one hoo-hah.)

[ KAL Case website | KAL Case blog | KAL Case bebo ]

Protest to mark the anniversary of the state killing of two gay teenagers in Iran
Wednesday July 19th 2006, 5.30pm,
at The Central Bank,
Dame Street

Speakers confirmed so far are:

- Senator David Norris
- Ailbhe Smyth (NLGF and WERRC, UCD)
- Colm O’Gormon (One in Four and PDs)
- Oisin O’Reilly, BeLonG To
- Independent Councillor Mick Rafferty
- Ruairi Quinn, TD (Labour)

BeLonG To Youth Project are organising a protest to mark the first anniversary of the state execution of gay Iranian teenagers Mahmoud Asgari (16) and Ayaz Marhoni (18).

This protest, which will be addressed by Senator David Norris and others, is to show solidarity with LGBT young people in Iran and worldwide who experience state violence and oppression and is part of a global day of protests.

The Persian Gay and Lesbian Organisation, (PGLO) Iran’s leading gay organisation asks people worldwide to support this day of protest. Arsham Parsi, Secretary of the Human Rights Commission of the PGLO says:

“We urge cities all over the world to show solidarity with our freedom struggle. Your solidarity is tremendously important and effective.”

“We feel great pain when we see human rights advocates ignoring the evidence and failing to speak out against the torture and execution of gay people in our country.

“We know first-hand, from the violent abuse of our members and supporters, that the jailing, flogging and hanging of gay people is official state law and policy.

BeLonG To supports the following demands from the PGLO:

1. End all executions in Iran, especially the execution of minors.

2. Stop the arrest, torture and imprisonment of Iranian lesbian, gay, bisexual and transgender people and repeal the Iranian penal code’s criminalisation of same-sex relationships.

3. Halt the deportation to Iran of LGBT asylum seekers and other victims of Tehran’s persecution.

4. Support Iranians struggling for democracy, social justice and human rights.

Please come and bring banners and friends and demonstrate solidarity with all LGBT people who are oppressed and murdered because of who they are.

States Parties shall ensure that:

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age

- Article 37, UN Convention on the Rights of the Child

Related articles:

- Doug Ireland’s blog
[PLEASE NOTE: DISTURBING IMAGES WHEN CLICKING THIS LINK]

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Protests will take place around the world on Wednesday, 19th July to mark this anniversary:

New York, N.Y. — Location: Iranian Mission to the U.N., 622 Third Avenue (at 40th St.) Time: 5:00 P.M. Contact: Andy Humm, Andyhumm@aol.com

Washington, D.C. — Location: DuPont Circle Time: 5:00 P.M. Contact: Rob Anderson rcand@mac.com, Tel. work (202) 508-4446 home (202) 550-8812

San Diego, Cal. — Location: U.S. Federal Building Time: 4:00 pm Contact: Michael Mussman, michaelmussman@yahoo.com

San Francisco, Cal. — Location: Harvey Milk Plaza, Castro and Market Streets Time: 5:00 pm Contact: Michael Petrelis, mpetrelis@aol.com

Fort Lauderdale, Fla.-Broward County (South Florida) — details to be announced soon Contact: Michael James, Editor, Independent Gay News, MJames@OurIndependent.com Telephone 954.563.0470

Sioux Falls, South Dakota — Location: Calvary Cathedral, 500 S. Main Avenue. Time: 9:00 pm Contact: Kathy Knobloch, thecenter.colc@midconetwork.com

Seattle, Washington — Location: Seattle Central Community College Plaza, Pine and BroadwayTime: 7:00 pm Contact: George Bakan, editor, Seattle Gay News, sgn2@sgn.org

Chicago, Ill. – Location: Vigil at Millennium Park (Pritzker Pavilion entrance). Time: 5:30. Contact: Gay Liberation Network, LGBTliberation@aol.com

Tulsa, Oklahoma — Location: Tulsa County Courthouse Place, Vigil Time: 8:30 PM Contact: Laura Belmonte, Tulsa Oklahomans for Human Rights (TOHR), mobile 918-906-2134

Salt Lake City, Utah — Location: GLBT Community Center Youth Activity Center, 355 North 300 West Time: 6:30 P.M. Contact: Rachel McNeil, rachel@glbtccu.org

Provincetown, Mass. — Location: Town Hall Square Time: 5-6 PM Contact: Andrew Sullivan, andsul@aol.com

Toronto — Location: University of Torontdo, Hart House, Music Room, 7 Hart House Circle. Toronto, Ontario Time: 5-9 P.M. Speakers will include Arsham Parsi, Human Rights Secretary of the Persian Gay and Lesbian Organization (PGLO) and an Iranian exile, and local gay and political leaders. Contact: pglo@pglo.net

Vancouver — Location: Vancouver Art Gallery - Robson Plaza Time: 6:00 p.m. Contact: Finn Kovaltsenko, aidengreer@shaw.ca

Dublin, Ireland — Location: Dublin City Centre, The Central Bank, Dame Street Time: 5.30pm, Speakers to include Senator David Norris Contact: BeLonG To Youth Project, belongto@eircom.net telephone 01-8734184;

Mexico City — Location (Lugar): Contempo Cine, Address (Direccion): Londres 161, 1er piso; entre Florencia y Amberes; Time: (Miercoles 19 de julio/)Wednesday Hora: 19:00 Hrs Contact: Enkidu Magazine, info@enkidumagazine.com, Telephone 044 55 2517 5098

Milan, Italy — Location: Corso Magenta 39, in front of the palace where the European Union Commission has its offices Time: 18:30 (6:30 PM) Contact: Fabio Sacca, ARCIGAY youth coordinator, giovani@arcigay.it., Tel. 39-349-1777-021

Warsaw, Poland — Location: Candle-light vigil, 22 Królowej Aldony street Time: 9 P.M. Contact: Lukasz Palucki, luke.santi@eranet.pl

Amsterdam, Netherlands — Location: Homomonument (Keizersgracht canal near Westerkerk)Time: 10 P.M. Contact: René van Soeren of COC, rvansoeren@coc.nl, and Mike Tidmus, tidmus@mac.com

London, England — Location: House of Commons, Committee Room 12 Guest Speakers:Chris_bryant_mp openly gay Labour Party Member of Parliament Chris Bryant MP (photo right), Jean Lambert MEP, Iranian gay activists, Simon Forbes and Peter Tatchell Time: 6:30 pm Contacts: Peter Tatchell, peter@tatchell.freeserve.co.uk & Brett Lock, brettlock@gmail.com

Stockholm, Sweden — Location: Iranian Embassy, Elfviksvägen Västra Yttringe gård Lidingö Time: 5:00 P.M. (17:00) Contact: Bill Schiller, bill.schiller@sr.se (Supported by Tupilak, Nordic Homo Council, Nordic Rainbow Humanists, and International Lesbian & Gay Cultural Network Information Secretariat)

Marseille, France — Location: Le Vieux Port Time: 7 PM (19h) Sponsored by a collective of 15 gay organizations. Contact: Philippe Colomb (philippe.colomb@si-lgbt.org) and Hussein Bourgi (husseinbourgi@hotmail.com)

Moscow, Russia — Location and Time to be announced in Moscow at the last minute, to prevent disruption by fascists or police. Contact: Nicolas Alexeyev, GayRussia.ru and nicolas_alexeyev@yahoo.com

Brussels, Belgium — Location: Brussels Stock Exchange Time:8 PM to 11PM (20h a 23h) Contact: Stephen Barris, ILGA stephenbarris@ilga.org

Vienna, Austria — Location: Office of IranAir (official airline of the Islamic Republic of Iran), A-Wien 1010 Opernring; Time: to be announced Contact: HOSI Wien and Bettina Nemeth, Obfrau Tel. 0699-11965265; Christian Högl, Obmann Tel. 0699-11811038; Kurt Krickler, Tel. (01) 5451310 oder 0664-5767466
office@hosiwien.at.: 5245 34 408 ZVR-Nr

Gloucester, England — Location: The Coach and Horses pub, Saint Catherine’s Street, Gloucester. Time: 8:00 PM

Friday, 26th May 2006, saw the culmination of a number of public events this month broadly dealing with various aspects of family diversity, that is to say, families outside the traditional mammy-daddy-2point4-children marital unit.

After the recent launch and speech in April by our Bertie at the GLEN offices, the month of Mary saw

- The presentation of a document commissioned by the Irish Human Rights Commission, entitled The Rights of De Facto Couples [PDF file] (12thMay, 2006);
- The publication by the ICCL of their report, Equality For All Families [PDF file] (23rd May, 2006); and
- The hosting of a Conference by the Equality Authority, GLEN and the Working Group on Domestic Partnerships entitled, The Legal Status of Cohabitants and Same Sex Couples (26th May, 2006).

For “The Rights of De Facto Couples”, the IHRC commissioned this research report, authored by Judy Walsh and Fergus Ryan, which provides a comprehensive account of the international human rights standards applicable to de facto couples, and examines the current legal situation of de facto in Ireland against that context of international law.

Unlike the IHRC-commissioned report, which essentially set out out Ireland’s current legal framework and its obligations as the international legal requirements currently exist, the ICCL’s publication - “Equality For All Families” - takes a slightly different approach. It examines the constitutional, legislative and policy contexts, plus the international human rights standards and EU laws, as well as comparing other jurisdictions. Its methodology also differs, seeking consultation with members of the public and certain non-governmental organisations. In addition, its recommendations - rather than calling for Irish law to be brought into line with international legal standards - seek reform of the existing law.

The Conference brought together eleven eminent speakers from Ireland and abroad:
- Karen Erwin of the Equality Authority;
- Michael McDowell, Minister for Justice, Equality and Law Reform;
- Eoin Collins of GLEN;
- Niall Crowley of the Equality Authority;
- Madame Justice Claire L’Heureux-Dubé, formerly of the Canadian Supreme Court;
- Dr. Kees Walldijk of the Universiteit Leiden, the Netherlands;
- Eilis Barry BL, legal advisor to the Equality Authority;
- Ray Byrne of the Law Reform Commission;
- The Rt. Hon. Baroness Hale of Richmond of the House of Lords;
- Beatriz Gimeno of FELGT, Spain; and
- Anne Colley, Chairperson of the Working Group on Domestic Partnership.

I’ve attempted to highlight some points from each of the reports and from the Conference, and throw in one or two comments of my own.

It’s lengthy (I’m going to reward myself with a beer and a smoke), so click-on, if you dare . . .

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Right. Today, Ireland witnessed a “historic” moment, and all the gays were “vindicated” when the Taoiseach opened the offices of GLEN (Gay & Lesbian Equality Network). Apparently. I was there, and so I suppose I should marvel at this “historic” occasion, and rejoice at my “vindication”.

Excuse me, while I find my queer Uncle Tom cap to doff.

The Taoiseach’s speech can be read here. In it, you can read about GLEN - which, seemingly, is Ireland’s “gay and lesbian community” - taking their “rightful place at the centre of our capital city’s cultural, community and civic life”. This “centre” is, somehow, The Liberties, where the GLEN offices are situated.

Right.

You can also read that “[w]e all want … all our citizens” to be “fuly respected”.

And here’s a choice comment: “All citizens, regardless of sexual orientation, stand equal in the eyes of our laws.” Really, Bertie? Can we hold you to that? Let’s place a wager, shall we?

Moreover, Bertie wanted to state clearly today - which he did - that “the Government [sic] is unequivocally in favour of treating gay and lesbian people as fully equal citizens in our society”. Is it? Well then, why aren’t we? Quite a little conundrum there, eh, Bertie?

It seems also, that “gay law reform” is something to be achieved, by GLEN. What, however, “gay law reform” actually is is beyond me.

The Taoiseach also went on to prattle for a good 10 minutes (or what seemed like an eternity) listing the various studies/reports/papers/etc. on LGBT people and equality. All this wonderful duplication/triplication/quadruplication - feck, I’ve lost count - is to be once again replicated, this time by the “working group” established by the Minister for Justice, Equality and Law Reform.

The Taoiseach did mention the Civil Partnership Act 2004 in the UK. He then said, “Moreover,” although I think what he meant was however, “our written constitution gives rise to complexities that did not arise in the British case”. In other words, ‘Forget trying to force us to replicate the UK Act, I’m sticking to the latest report from the All Party Oireachtas Committee on the Constitution, and you can go to hell if you think otherwise - especially this side of an election. Jayses.’ Or some such.

Oh yes, and of course, the Ministser for Justice’s “working group” will be reporting to the Minister in October with an “options paper”, whatever the hell that is - and October just happens to be so very, very close to next year’s general election, as well as being the month that the Zappone and Gilligan case is heard in the High Court.

In fact, I just heard on NewsTalk 106 FM that a source close to the Taoiseach has said that there is no chance of anything happening this side of the general election.

So no surprises there, then.

And then, of course, An Taoiseach had the bloody nerve to inform the gathered gays:

Furthermore, the Minister for Justice, Equality and Law Reform is currently preparing regulations to implement the Council Directive on the right of citizens of the [European] Union and their family members to move and reside freely within the territory of the Member States. This will provide certain entitlements to the partner of a Union citizen where there is a durable and duly attested relationship. The procedures that will operate in this area are currently being developed.

Well, I can only assume the Taoiseach is referring to the Council Directive which emerged from the Proposal for a Directive of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, discussed in Europe around September/October 2003.

If that’s the case, then those regulations are being prepared by the Minister for Justice, despite this government’s attempts to oppose that very Directive, during it’s Presidency of the EU, no less: see here and here. Indeed, at the meeting to discuss the original proposal, Ireland was the only Member not represented by a Minister. There’ s commitment.

So you’ll forgive me if I regard the Taoiseach’s speech today as nothing more than complete and utter bull.

Coincidentally, I had with me today, a book by a Mr. Steven Poole, called Unspeak. Remarkable.

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Ah yes. It’s all about priorities.

The Irish government today bowed to demands from chewing gum industry lobbying (see here, here and here (breakingnews.ie) and here (RTÉ.ie) ..And also this blogger’s comments, why not..?).

Yet it - nay, a cross-party Oireachtas committee - is not prepared to vindicated the rights of non-marital families (see here (PDF - APOCC report) and here (Taoiseach Bertie Ahern’s speech on the matter)).

Says a lot, really, doesn’t it?

As soon as I get the opportunity, I’ll post a full pissed-off rant on the APOCC’s report, etc. later in the week.

(Readers of Sarah Waters‘ “Tipping the Velvet” should get the reference..)

So yes - apparently, the big thing in Japan are otokoyaku.

According to the Financial Times earlier this month, “Japanese housewives are finding their ideal male on stage - played by young women”.

Outside an ornate, salmon-pink building in Tokyo, hundreds of women - many middle-aged and wearing short, formless jackets - are in a state of suppressed excitement. Organised into neat rows, some squatting, some standing, they are straining to monitor the comings and goings at what turns out to be a theatre entrance.

After a few minutes, a skinny young woman appears. Her angular, somewhat boyish face is accentuated by short-cropped hair. She wears jeans and a casual, flowery blouse. A hush falls on the crowd as she saunters along the line of admirers, bowing and accepting the envelopes and small gifts held out to her. When she reaches the end, she stands and waves, before disappearing into a small side door. The moment she is gone, there is a quiet reshuffling of the women outside, as a new group takes its place in the front row.

The huddle of admirers are all adoring fans of the young female stars of Takarazuka, a Japanese all-female theatre that is part romantic musical revue and part male impersonation. Takarazuka performances are flamboyant in the extreme, with gorgeous costumes, dazzling lighting effects, dancing and singing.

TransNews has the full article.

I’ve just been informed that I’ve been added to the list of blogs on homosexual-agenda.org.

Flipping COOL!

Thanks, lads

Kudos to Robert and Damien for putting the blood, sweat and tears into setting it up! The idea was Damien’s, as is the domain, and Robert is doing the hosting and the technical stuff. Fab!

On hearing of the wonderful news of South Africa’s Constitutional Court to rule in favour of same-sex marriages, Gaire message board member, Keystone, kindly posted a link to the Court’s judgement (PDF Document).

At 111 pages (with double-spaced text), it may appear long. Delivered by Sachs J, it is, however, a refreshingly easy-to-read judgement (reassuring for those with a phobia of legalese), and it is powerful in its positive and progressive wording. (Bearing in mind that I’ve yet to complete reading it, this is subject to change!)

Reading through it, though, I wonder what bearing it could have -coming, as it does from a “common law” jurisdiction- on Ireland’s approach to the issue of same-sex relationships.

Now, a huge proviso must be stated: That is, that the law in South Africa under their new Constitution operates very differently to Ireland (with its very conservative Constitution and subsequent jurisprudence); and that the issues involved in the South African case could arguably be particular to that country. This could make this approach distinguishable per se. All that aside from the fact that courts only occasionally make reference to decisions in other jurisdictions to support their reasoning.

However, it could also be arguable that only those aspects of the case are particular to South Africa, while the general thrust of the decision may have a bearing elsewhere in the common law world.

I say this because - while the particular aspects of the case rely on the South African Constitution’s express provisions prohibiting discrimination on the grounds of, among others, sexual orientation; and while the South African Courts, where necessary, are bestowed with powers to develop the common law, including “to the extent that legislation does not give effect to that right” - it could be argued that taking together

- the Constitutional provision in Ireland of equality before the law (Article 40 — reflected, indeed, by Article 9(1) of South Africa’s Constitution),
- the Law Reform Commission’s assessment of Article 41 (that this Article does not prevent legislating in respect of cohabitees, so long as the legislation does not grant more extensive rights than those enjoyed by married couples),
- the European Convention on Human Rights (Articles 8, 12 and 14) and the European Convention on Human Rights Act 2003 (PDF Document),
- and the (albeit as-yet non-binding) EU’s Charter of Fundamental Rights (which more or less re-states the ECHR),

that some analogies can be drawn with the South African case to make the distinctions minor in the overall sense.

Perhaps there’s something in it; perhaps it’s wishful thinking or clutching at straws. Nevertheless, the South Africa decision is wholly inspiring in and of itself. Kudos!

(More to follow as I actually work my way through the document (and, no doubt, change my view ten times over) . . .)