Fáilte Inclusion in the Teaching Profession Sexual Orientation Marital/Civil Status

FáilteInclusion in the Teaching ProfessionSexual OrientationMarital/Civil Status Barra Ó Dochartaigh (Presenter) Nora Hamill (Rapporteur)

Sexual Orientation • Heterosexuality assumed to be the norm(Heteronormativity) • Spectrum (Kinsey Reports 1948 & 1953) • ‘LGB’ - Lesbian, Gay, Bisexual • Sexuality decided by hormones in vitro • Many cultures accept diverse relationships • What about Ireland?

The situation in Ireland • Victorian values until relatively recently • Homosexual acts legalized:- in NI in 1982 (Dudgeon v UK, ECHR)- in ROI in 1993 (Norris v Ireland, ECHR) • Equality legislation (1980’s +) • Civil Partnerships:- in NI in 2005- in ROI in 2010?

‘The Closet’ • Being in ‘The Closet’ is the state where someone does not openly acknowledge their sexuality as gay, lesbian or bisexual • Detrimental to mental health because it leads to internal conflict • Various strategies employed to cover up their sexuality (e.g. the pronoun game,being vague about their social life, etc.)

‘Coming Out’ • “Coming Out” (of the Closet) is the process whereby someone begins to fully acknowledge their sexuality:- initially to themselves- then (perhaps) to family and/or friends- then (perhaps) to work colleagues- finally (maybe) to all • Important that individual decides the pace

Obstacles to openness • Perceived societal norms • Media messages (e.g. Hollywood) • Church teachings (‘intrinsically disordered’) • Homophobia (external and internal) • Fear of reprisals (verbal, physical, legal) • “All cruelty springs from weakness” Seneca (4 BC – 65 AD)

Section 37(1) • Section 37(1) of the Employment Equality Acts allows faith-based schools to:“…take action which is reasonably necessary to prevent an employee or a prospective employee from undermining the religious ethos of the institution.” • Never been tested – a Sword of Damocles • Similar legislation in NI and GB

How would you react?

INTO LGB Teachers Group • Initial meeting in November 2004 • Meets several times a year in Dublin,occasional meetings in Cork, etc. • Provides support to LGB teachers • Campaigns on LGB equality issues • Major aim now is repeal of Section 37(1) • Fully supported by INTO (CEC, EQC, etc.)

Good Practice Guidelines Produced by INTO LGB Teachers Group – full list on INTO website • Be aware that a percentage (est.10%) of your colleagues are lesbian, gay or bisexual • Challenge homophobia (e.g. jokes) • Use gender-neutral language (‘partner’) • Ensure that staff events which involve partners are open to all partners • Support LGB colleagues • Don’t hide the issue – Break the silence!

Marital/Civil Status

Changing families • Traditional view (i.e. marriage for life with children) no longer holds • Multitude of family situations, with and without children • ‘Blended’ families • At present approximately one-third of children are born outside marriage, with more than half to cohabiting parents

Bunreacht na hÉireann • Requires the state to protect the family“as the natural, primary and fundamental unit group of society” • Also requires the state“to guard with special care the institution of marriage on which the family is founded”

Issues • Marriage implicitly one man and one woman – LGB relationships unrecognized • Unequal treatment of families not based on marriage • Failure to protect children outside marriage • Strong poverty link with family status

Consequences • Immigration policy on family reunification mirrors constitutional position • LGB partners denied next-of-kin rights in hospital and other settings • Unmarried fathers have to seek guardianship of their children • LGB and lone parents cannot adopt • Social Welfare system based on ‘male breadwinner’ model

Civil Partnership • NI (2005) – same-sex couples only • ROI (2010?) – same-sex couples, unmarried opposite-sex couples, cohabiting companions (non-sexual relationships) • In terms of rights legislation ‘Marital Status’ becomes ‘Civil Status’

Rights & Responsibilities • Maintenance of partner (and children) • Next-of-Kin rights • Taxation • Inheritance & Pension benefits • Property (Housing, Tenancies) • Insurance • Social Security • Parental Responsibility

Conclusions • Society is diversifying – we must learn to accept and embrace diversity • Teachers and schools are key to orderly societal change • Teachers and schools must lead by example • Teachers and schools have a duty to promote tolerance of and respect for diversity

Fáilte Inclusion in the Teaching Profession Sexual Orientation Marital/Civil Status