Ireland’s Marriage Referendum: A Constitutional Perspective

The purpose of this comment is to explore the constitutional dimensions of the recently enacted constitutional reform in Ireland on same-sex marriage. Unlike other nation states, Ireland put the issue directly to the people, thereby entrenching the right of same-sex couples to marry. The aim of this paper is to compare the referendum experiences in recognizing such a fundamental right in Ireland and United States. It also purports to question a popular referendum vote as the best way to determine whether a human right should be extended to a minority