In the run-up to the recent Irish marriage referendum I and others like me repeatedly pointed out that the proposed constitutional amendment would bring with it a whole raft subsequent legal issues affecting a wide range of areas.
We pointed out that the proposed legislation was part of a larger agenda, one of radical social change which will transform our society in ways most people could not imagine.
The response from both the government and the squealing hordes of “Yes” campaigners was that nothing was less true and that the Marriage Referendum was only about “the love between two people” and that we were making “Gra” the law. Besides the sheer idiocy of suggesting that legislating emotions is a good idea this has been proven to be purposely misleading campaigning.
Less than two weeks have passed since the referendum and already we are seeing a raft of social change legislation being proposed.
In the last week alone there has been a strong push for the repeal of the 8th amendment of the Irish constitution which would mean the removal of the equal right to life of an unborn child to that of the mother. If this is repealed it will open the door to abortions right up to full gestation.
There’s the issue of euthanasia. Nobody likes the thought of terminally ill people having to suffer without a glimmer of hope on the horizon. But we only need to look at countries which have legalised euthanasia in the past to see the “mission creep” to a state where euthanasia is being performed on children and not only on people who are terminally ill but also on people with depression who have “lost the will to live”.
Both proposals concern legislation allowing the early termination of life and even an staunch agnostic as myself can not see the benefit in this.
However one issue is even more topical than the previous two and that is the issue of trans-genderism. Our papers, news-feeds ad social media have been inundated by news about Bruce Jenner and how he is now a woman.
Bruce has had cosmetic surgery to make him look like a woman and this is being celebrated in the media as the summum of heroism.
The blanket media coverage of this is nearly so complete that one would be excused for not noticing that the Irish government is about to pass a quite drastic gender recognition bill.
While it should be perfectly acceptable for people with genuine gender issues (especially trans-sex people) to be given recognition under the law this bill goes far, far beyond that.
The original bill included sections which required that a medical opinion ( from a psychiatrist or endocrinologist) was required before people could be legally change their gender. Protest by hard-core LBGT activists has led to this being removed from the act. People can now “self recognise”. What that means is that anyone over the age of 18 can basically wake up tomorrow, shout “I’m a woman” in case of a man or “I’m a man” in case of a woman and they will be given full legal recognition of this without any qualified proof whether they are actually transgender or if they just are suffering from severe psychological issues. It’s worth noting that people identifying as a different gender after undergoing severe mental trauma is not an uncommon occurrence.
The original bill also included a section that basically stated that if you changed gender once it was for life. There was no option for flip-flopping at a later stage and “identifying” as your original gender. This section made perfect sense as legally changing your gender required a medical opinion hence a person had been diagnosed as genuinely transgender. Having removed the required medical opinion from the bill our legislators have recognised the legal loophole that would exist with allowing people to self-identify, i.e. people can be wrong. So they had no other option but to introduce open-ended legislation allowing people to *legally* change their gender as often as they wanted.
The result is a complete and utter legal quagmire.
One of the first casualties is family law. The current legislation states that if one partner in a marriage changes their gender (be it legally, via surgery or both) that the marriage would become void. After all marriage is a legal contract under law and if you change one of the parties in a contract as well as the terms and conditions such a contract would be voided.
It’s known as the “forced divorce clause”.
The marriage would also be voided because under Irish law two people of the same-sex cannot be married.
This clause now falls foul of the same-sex marriage legislation. Once same-sex marriage is legalised in Ireland it cannot be used as a reason for divorce if one of the married partners self declares their gender as being the same as their partners.
While there might still be valid legal grounds to seek to have the marriage voided it will not happen automatically anymore once this new bill passes. The other partner will possibly have to request for it to be voided or even file for divorce (which would quite likely still require a separation period).
All in all, the raft of social change legislation being foisted upon us is demolishing not only the fundamentals of our society but also of our legislation. This while at the same time being presented as simple, stand alone changes which will have no further impact than allowing people to love themselves and each other.
Unfortunately nothing is further from the truth.