Tanaiste rules out conscience clause on same-sex marriage

The Tanaiste has emphatically ruled out any conscience clause for businesses in Ireland such as printers and bakers that on grounds of conscience do not wish to facilitate same-sex weddings.

When asked to comment on the notion of such a clause, which has already been offered to religious ministers, allowing them to avoid performing gay marriage ceremonies should the May 22 referendum pass, Joan Burton stated that, in relation to businesses: “No, such an exemption will not be possible.”

Deputy Burton’s statement on the issue comes in the wake of comments made by Dublin’s Archbishop Diarmuid Martin on the issue of conscience. During a session of questions at an event organised by the Iona Institute on the topic of ‘The Church’s Teaching on Marriage Today’, Dr Martin described conscience as a fundamental human right.

However, he described as an “inconsistency” the exemption on conscience grounds being offered to religious solemnisers over other faithful.

“Now what is that saying? It’s saying, ‘OK there is a conscientious question and we respect the conscience of religious solemnisers; mainly priests. What about a Christian in civil society; a lay Christian who has the same difficulties? Does he have freedom of conscience? Or is his freedom of conscience different to mine as a priest? I don’t believe that. OK, now people will say if you are paid by the State, you have to do what the State tells you. That isn’t in the long term…. that isn’t even what democracy is about. So, I do believe we have to stress that.”

Stating his belief that “the question of freedom of conscience is being pushed aside”, Dr Martin accused political parties of becoming “more insensitive to the way people are thinking. They are not carrying out a process of mediation between the needs of a community and views and desires of citizens. When we move into that type of politics, society is being damaged.

“Respect of conscience is a way politics shows its respect for citizens.”

The Tanaiste’s stance on conscience comes in the same week that a Christian-run bakery in Northen Ireland faced a court in Belfast in a case brought by the region’s Equality Commission arising from a refusal of the business to complete a cake supportive of gay marriage. The case has led to efforts in the North’s Assembly to have a conscience clause included in equality legislation.

The Iona Institute
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