Senator Mullen joined by FF and FG delegates in protecting freedom of conscience by opposing elements of Council of Europe report into sexual orientation

News Release

 

29th April, 2010 

 

Senator Mullen joined by FF and FG delegates in protecting freedom of conscience by opposing elements of Council of Europe report into sexual orientation

 

Independent NUI Senator Rónán Mullen was joined by Fianna Fail and Fine Gael delegates at the Parliamentary Assembly of the Council of Europe in opposing radical elements of a report on sexual orientation and gender identity.

 

Senator Mullen tabled 10 amendments to the controversial Gross report, including wording which defends freedom of conscience in relation to ‘legitimate moral disagreements between people concerning same-sex relationships’ (Amendment 22), and including wording which calls for mutual respect to be fostered ‘between supporters of LGBT rights and persons and institutions with religious, ethical or moral concerns around same-sex relationships’ (Amendment 23).

 

In parallel to amendments which he will table to the Civil Partnership Bill, Senator Mullen called for member states to be allowed to avoid unjust discrimination by providing equal partnership rights for non-sexual couples: ‘In providing for recognition of same-sex relationships, member states may strive to avoid unjust discrimination and to provide for equal recognition and provision for all couples in mutually-dependent situations, where persons care for and make sacrifices for each other, regardless of whether they are in a sexual or intimate relationship’ (Amendment 24).

 

Senator Mullen tabled a further amendment targeting unjust encroachments upon freedom of conscience. He proposed an amendment allowing persons to conscientiously object to same-sex civil partnerships once they  ‘can cite objective and reasonable justification, in line with the jurisprudence of the European Court of Human Rights and which is not based on negative attitudes towards LGBT persons as a class’ (Amendment 21).

 

Senator Mullen will speak at the debate at 3.30 p.m. Irish time and his amendments, which have attracted support from Italian, Lithuanian, British and Moldovan members of parliament, as well as from Fianna Fail and Fine Gael delegates, will be voted on today.

 

Full text of main amendments is enclosed beneath.  

 

 

Amendments tabled by Senator Mullen Wednesday 28th April 2010.

 

Amendment No 18

 

In the draft resolution, after paragraph 8, insert the following paragraph:

 

‘It is important neither to affirm nor to criticize the perceived or declared sexual orientation of young people, particularly of those attending school aged under 18, and to recognize that any exploitation of their perceived or declared sexual identity, or any humiliation or degrading treatment on the basis of same, can be both wrong in itself and potentially harmful to their wellbeing and personal growth both at that stage and later in life.’

 

 

Signed:

Senator Ronan Mullen, Independent

Senator Terry Leyden, FF

Pat Breen TD, FG

Senator Joe O’Reilly, FG

Earl of Alexander Dundee (UK)

***

 

Amendment No 21

(falls if amendment No 3 and 12 is adopted)

 

In the draft resolution, paragraph 16, replace the words ‘are engaging in religious activities, if such exemptions are compatible with the European Convention on Human Rights, as interpreted by the European Court of Human Rights,’ with the following words:

 

‘can cite objective and reasonable justification, in line with the jurisprudence of the European Court of Human Rights and which is not based on negative attitudes towards LGBT persons as a class.’

 

 

Signed:

Senator Ronan Mullen, Independent

Senator Terry Leyden, FF

Pat Breen TD, FG

Senator Joe O’Reilly, FG

Earl of Alexander Dundee (UK)

***

Amendment No 22

 

In the draft resolution, after paragraph 16, add the following paragraph:

 

‘It is important to distinguish between unjust discrimination, which is characterized by the absence of objective and reasonable justification, and legitimate moral disagreements between people concerning same-sex relationships. Any behaviour or utterance which is necessary to the expression or the furtherance of personal religious or ethical beliefs and which is not such as to incite or foster hatred or negativity towards LGBT persons either individually or as a class may be legitimate.’

 

Signed:

Senator Ronan Mullen, Independent

Senator Terry Leyden, FF

Pat Breen TD, FG

Senator Joe O’Reilly, FG

Earl of Alexander Dundee (UK)

 

***

 

Amendment No 23

 

In the draft resolution, after paragraph 16, add the following paragraph:

 

‘A spirit of mutual respect should be fostered between supporters of LGBT rights and persons and institutions with religious, ethical or moral concerns around same-sex relationships. All parties should identify and pursue mutually acceptable strategies to combat any behaviour involving bullying and harassment, violence, humiliation or negative treatment.’

 

Signed:

Senator Ronan Mullen, Independent

Senator Terry Leyden, FF

Pat Breen TD, FG

Senator Joe O’Reilly, FG

Earl of Alexander Dundee (UK)

 

***

 

Amendment No 24

 

In the draft resolution, after paragraph 16, add the following paragraph:

 

‘In providing for recognition of same-sex relationships, member states may strive to avoid unjust discrimination and to provide for equal recognition and provision for all couples in mutually-dependent situations, where persons care for and make sacrifices for each other, regardless of whether they are in a sexual or intimate relationship.’

 

Signed:

Senator Ronan Mullen, Independent

Senator Terry Leyden, FF

Pat Breen TD, FG

Senator Joe O’Reilly, FG

Earl of Alexander Dundee (UK)

Mr Valeriu Ghiletchi (Moldova)