Independent NUI Senator Rónán Mullen and colleagues in the European People’s Party (EPP) and Alliance of Liberals and Democrats for Europe (ALDE) have succeeded in attaching an amendment safeguarding freedom of conscience to a radical report on sexual orientation and gender identity. The EPP sponsored amendment, supported by both Rónán Mullen EPP and Terry Leyden of ALDE, widened the freedom of conscience clause protecting religious institutions in a resolution passed by the Parliamentary Assembly of the Council of Europe (PACE), the representative forum of the Council of Europe.
The original draft of the resolution, based on the controversial Gross Report contained support for religious freedom “only when such institutions and organisations are engaging in religious activities.”
In the resolution as passed, the document said that religious freedom ought to be acknowledged, “when such institutions and organisations are either engaging in religious activities or when legal requirements conflict with tenets of religious beliefs and doctrine, or would require such religious institution and organisations to forfeit any portion of their religious autonomy.”
Senator Mullen said that the amendment indicates that the Irish Government, “has no excuse for not exempting religious institutions from being prosecuted under the Civil Partnership Bill.”
He continued, "Religious institutions should be free to protect their ethos by refusing to facilitate ceremonies which openly contradict their own religious teachings. I am writing to Minister Ahern on this matter to urge him to reconsider his position, especially in light of developments at the Council of Europe.”
The director of The Iona Institute gave a presentation in support of the amendments at a meeting in the Council of Europe building in Strasbourg on Tuesday.
The Gross Report called for Member States to introduce same-sex marriage, with apparently no regard for the autonomy of those States with regard to family policy.
It also called for the introduction of legislation to create a “hate crime” for speech critical of homosexuality, and the creation of the right to same-sex adoption. Little allowance was made for freedom of religion in the Report.
However, amendments backed by Senator Mullen and the EPP removed references to a right to adopt or to found a family, for gay and lesbian couples.
The EPP also succeeded in having references to the recognition of same sex partnerships under section 16.9. of the resolution set within the context of national legislation.
The provision urges Member States to “ensure legal recognition of same-sex partnerships only when national legislation envisages such recognition.”
Any parental responsibilities of same-sex couples are now set within the context of “the best interests of the child.”
Another amendment asked for by CARE expanded the scope for conscience exemptions for religious institutions, so that such protection is no longer said to be limited to religious activities only.
The Council of Europe is separate from the European Union, and its decisions are not binding on Ireland.
Furthermore, PACE is a consultative body only and can only recommend policy proposals to the Committee of Ministers of the Council.
SIC: CIN