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The Meaning of Civil Partnership for Same

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The Meaning of Civil Partnership for Same The Meaning of Civil Partnership for Same- Sex Couples in Ireland: An Interpretative Phenomenological Study A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy Presented to Dublin City University By Gráinne (Gertrude C.) Healy Bachelor of Arts, Higher Diploma in Education Post Graduate Diploma in Journalism Supervisors: Dr Mel Duffy, Dublin City University Mr Jean-Philippe Imbert, Dublin City University Dublin City University School of Applied Language and Intercultural Studies August 2015 Declaration I hereby certify that this material, which I now submit for assessment on the programme of study leading to the award of Doctor of Philosophy is entirely my own work, that I have exercised reasonable care to ensure that the work is original, and does not to the best of my knowledge breach any law of copyright, and has not been taken from the work of others save and to the extent that such work has been cited and acknowledged within the text of my work. Signed: ID No. 89908589 Date: Acknowledgements My sincere gratitude goes to Dr Mel Duffy and Mr Jean-Philippe Imbert for their unstinting support over the four years of study at DCU. They provided me with guidance and a listening ear while encouraging rigour and academic discipline. Thank you to the School of Applied Language and Intercultural Studies for providing much needed financial assistance in year one and two and to the Government of Ireland fund for their scholarship in year three which enabled me to finish the thesis. As this is essentially a study about love, I wish to acknowledge my beloved partner Patricia O’Connor, without whom I could never have sustained the level of attention needed to complete this work. From start to finish and over the decades we have been together, conversations with Patricia have brought me on many of the discursive journeys contained in this work. Her insights, her understanding, her love and her patience during my PhD absence are all acknowledged here. To Conor Irwin and Ciara Travers for their support and for allowing me spend time with their wonderful son, Harry during his first two years. He was often my beautiful distraction and times spent walking in parks with him were an oasis of peace in stressful times. To friends who supported me on the journey, Ursula Barry, Monica O’Connor, Ailbhe Smyth, Ann Louise Gilligan, Felicity Kennedy, Mary McPhail, Melissa Murray, Caroline Butler, Noreen Byrne, Des McGuinness, Fiona Casey, Denise Charlton, Paula Fagan, Linda Cullen, Feargha Ní Bhroin, Ruth O’Rourke, and my dear departed friend and mentor Tom Kearns. Each of you helped me follow Seamus Heaney’s advice that in order to write, one needs to start, write and start again. To the twelve couples who shared with me their experiences of relationship recognition, thank you. Each of you welcomed me to your home and opened your heart to me. I hope I have done some justice to the worlds you shared as you transformed my understanding. Thanks you to my sisters and brothers for their encouragement and to my nephew Jonathan who understood the PhD process so well. To my mother Maureen Healy who always knew formal education was a precious gift and who made sacrifices for her seven children so that we could experience what she never had. Much missed since her death, but very present throughout this journey. To the staff and board of Marriage Equality who over a decade gave me a space in which to actively pursue the dream of marriage equality, thank you. Finally, to the Yes Equality campaign, thank you for making the dream a reality in Referendum 2015 with a 62.7% Yes vote – a national transformation achieved. This thesis is a small part of that. Table of Contents Chapter 1. Introduction and Overview ................................................................................. 2 1. 1. The Research Journey: an Introduction ........................................................................... 2 1.2. Aim, Purpose and Research Question ................................................................................ 3 1.3. Overview of Study .............................................................................................................. 3 1.4. Choice of Topic and Proposed Contribution ...................................................................... 4 1.5. Context: Relationship Recognition - The Heteronormative Model: Marriage .................. 5 Chapter 2. Socio-Historic Review of Same-Sex Relationships and Emergence of Same-Same Relationship Recognition ................................................................................................... 17 2.1. Introduction ..................................................................................................................... 17 2.2. Same-Sex Love and Same-Sex Relationships: a Socio-Historical Review ......................... 17 2.2.1. Roots of Officially Sanctioned Prejudice against Same-Sex Sexuality....................... 18 2.2.2. Same-Sex Relations as Transgression ....................................................................... 20 2.2.3. Changing Views of Sexuality ..................................................................................... 21 2.2.4. Beginnings of Revolts and Organised Resistance...................................................... 23 2.2.5. Emergence of Relational Rights in the Gay Liberation Movement ...................... 24 2.3. Same-Sex Sexualities and Emergence of ‘Families of Choice’ ......................................... 25 2.4. Displacement of Lesbians and Gays from Family and Marriage ...................................... 28 2.5. Sexual Identities are Troubling ........................................................................................ 29 2.6. Changing Patterns: Current Provision of Same-Sex Relationship Recognition ................ 30 2.7. Same-Sex Relationship Recognition Research Themes ................................................... 32 2.7.1. Positive Impacts of Relationship Recognition ........................................................... 32 2.7.2. Concerns Arising from the Introduction of Same-Sex Relationship Regulation ....... 33 2.7.3. Impact on Community and Public Policy .................................................................. 34 2.7.4. Same-Sex Parenting and Family Issues ..................................................................... 35 2.7.5. Parenting Rights Gaps, Heteronormativity and the Legacy of Same-Sex Family Studies ................................................................................................................................. 36 2.7.6. Same-Sex Relationship Recognition: Future Challenges for Same-Sex Couples ....... 39 2.8. Conclusions ...................................................................................................................... 39 Chapter 3. Same-Sex Relationship Recognition in Ireland ................................................... 41 3.1. Introduction ..................................................................................................................... 41 3.2. Emergence of Same-Sex Headed Households ................................................................. 41 3.3. Family, Marriage, Same-Sex Relationship Recognition and the Irish Constitution ......... 44 3.4. Gay and Lesbian Rights Progress ..................................................................................... 48 3.5. Same-Sex Relationship Recognition: Growing Support ................................................... 51 3.6. Emergence of Civil Partnership ........................................................................................ 53 3.7. Legal Discourse Backdrop to Same-Sex Relationship Recognition in Ireland .................. 57 3.8. Irish Same-Sex Relationship Recognition Legal Challenge: The KAL Case ....................... 60 3.9. Key Provisions of the Civil Partnership and Certain Cohabitants Act (2010) ................... 64 3.9.1. Key Differences between Civil Partnership and Civil Marriage ................................ 65 3.10. Conclusions .................................................................................................................... 71 Chapter 4. Methodology and Research Methods ................................................................ 73 4.1 Introduction ...................................................................................................................... 73 4.2. Section One: The Principles of the Theoretical Framework Underpinning Hermeneutic Phenomenological Research ................................................................................................... 73 4.2.1. Qualitative Vs Quantitative Methodology ................................................................ 73 4.2.2. Rationale for Not Opting For Other Qualitative Research Traditions ....................... 75 4.2.2.i Focus ........................................................................................................................ 75 4.2.2.ii. Discipline Origin ..................................................................................................... 76 4.2.2.iii. Narrative Form ...................................................................................................... 76 4.2.2.iv. Data Collection ...................................................................................................... 76 4.2.2.v. Data Analysis .........................................................................................................
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