Madam, – As a gay Irish expatriate, I’d like to comment briefly upon the erroneous claims that there should be a conscience clause incorporated into Civil Partnership Bill which is currently moving through the Oireachtas.
Many dissenters have quoted Article 44.2.1 of the Irish Constitution as the reason to include a conscience clause. They claim that in the Civil Partnership scenario they have a constitutional right to a conscience clause to abstain from performing Civil Partnerships.
I feel that these dissenters neglect to interpret the Article correctly. The Article states, “Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen”. The emphasis in this sentence is on the word “citizen” (not the State).
This right is limited; subjected to “public order and morality”. How can we have an ordered society when public officials may treat people differently solely based upon their own prejudices and morals? Once a private citizen performs a function of the State, by being an agent of the State (ie registrar of a civil partnership), the individual may not invoke Article 44.2.1, because as an agent of the State, they represent the State which by definition may not have a conscience in this regard due to Article 44.2.2 and 44.2.3, which prohibit the State from having an opinion on religious issues.
I hope that this helps the dissenters from fretting too much regarding their breach of the Constitution. – Yours, etc,