D
IARMUID Martin believes in a “culture of
difference” equality. He is not saying that gay
and lesbian people are deficient compared to
others, he talks about a ‘uniqueness’
They’re all for equality, Diarmuid Martin, GLEN, the
Iona Institute, Marriage Equality, even the
Government. The “Yes” and “No” sides in the May
referendum on same sex marriage seem united.
“Yes Equality”, the civil society group seeking a
“Yes” vote, argue, that “voting yes will be saying yes to
marriage, yes to equality and yes to strengthening
Irish society”. The Government named the Bill to
amend the Constitution, “The Thirty-Fourth
Amendment of the Constitution (Marriage Equality)
Bill ”.
The Iona Institute was aggravated, but David Quinn
is still for equality. “Those of us who will be voting no
in May are not voting No to equality. Instead we’re
voting to ensure that different situations are treated
differently”. Diarmuid Martin is advocating a “No”
vote but remains committed to equality. “An ethics of
equality does not require uniformity. There can be an
ethic of equality which is an ethic of recognising and
respecting difference. A pluralist society can be
creative in finding ways in which people of same sex
orientation have their rights and their loving and
caring relationships recognised and cherished in a
culture of difference”.
Diarmuid Martin believes in a “culture of difference”
equality. He says: “I am not saying that gay and lesbian
people are unloving or that their love is somehow
deficient compared to others, I am talking about a
uniqueness in the male-female relationship”. David
Quinn is more blunt about the consequences of a Yes
vote: “We will be saying that families consisting of two
married men or two married women are just as
fundamental to society as a family consisting of a
married man and woman”. Mother and Fathers Matter
agree: “Men and women who marry will be denied
proper recognition and celebration of the
distinctiveness of their union and, even more
importantly, any recognition of their role and
responsibility in creating and nurturing children”.
“Culture of difference” equality is at ease with
discrimination. It is redolent of pre-Civil Rights
attitudes to ‘Negroes’ in the US: ‘separate but equal’ It
has echoes of the “equality before the law” except in
case of “differences of moral capacity and social
function” that extraordinarily continues at the heart
of the Constitution’s provisions on equality but which
owes its origin in the thinking of the nineteen-thirties.
Article . still provides that: “All citizens shall, as
human persons, be held equal before the law. This
shall not be held to mean that the State shall not in its
enactments have due regard to differences of capacity,
physical and moral, and of social function”. This
thinking infuses The Evangelical Cross
Denominational Response to the Same-Sex Marriage
Referendum which complains: “Service providers such
as caterers and photographers would be acting
illegally if, on grounds of conscience, they were to
decline services for same-sex weddings”. And Fathers
and Mothers Matter worry that: “any business
connected with marriage or weddings could find itself
before the courts if it refuses to provide its goods or
services for a same sex marriage”. “Freedom of
conscience” becomes a cover for discrimination.
“Culture of difference” equality comes with some
essentialist rendering of men and women. Mothers
and Fathers Matter argues: “Men and women
complement one another. Children benefit from the
balance that mothers and fathers and bring to
parenting”. The Evangelical Cross Denominational
Response to the Same-Sex Marriage Referendum
suggests: “This change would deny the importance our
society places on the complementary role of mothers
and fathers in raising children”. This smacks of the
insidious results of stereotyping that serve to
underpin the fact that women in couples do nearly
three quarters of the unpaid work and more than half
of the total work per day in a household.
Difference has practical implications. A failure to
take account of such implications does lead to
exclusion. The fact that gay and lesbian people form
loving and sexual relationships with people of the
same sex means they are different to heterosexual
people.
The fact that marriage fails to take account of this
difference means that lesbian and gay people are
excluded from any status or benefit it might offer. Yes,
says the “No” side! That is why you have Civil
Partnership for lesbian and gay people.
“Culture of difference” equality cannot even deal
with difference. Making adjustments to the general
provision of rights so as to ensure access and inclusion
has to be the first response to difference. Separate
provision is only a last resort or it becomes segregation
and discrimination.
Another constraint derives from this “culture of
difference” equality here. Breda O’Brien says if gay
people want to live a Christian way of life, like all
unmarried couples, they should abstain from sex. “If
you can live up to this very demanding thing, I think it
will make you happy [to abstain]. It will be
excruciatingly difficult, I think you will need huge
support, huge help, lots of very strong, loving
relationships”.
You are different but we are unique. We don’t want to
do business with you. We will all retain our traditional
roles. You can have civil partnership but you can’t
have sex.
This “culture of difference” equality is not
convincing. Best stick with “Yes Equality” if you want
equality. •
Unique not unequal
The deficient
philosophy
underpinning
antagonism to gay
marriage
By Niall Crowley
Marriage Referendum
22 May 2015
NEWS
SPECIAL
8May 2015