Civil unions in the Republic of Ireland
Encyclopedia
Civil partnership
s in Ireland
, granted under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
, give same-sex couples rights and responsibilities similar, but not equal to, civil marriage
. The legislation also provides rights for participants in long-term cohabiting relationships (opposite- or same-sex) who have not entered into a civil partnership or marriage
. The following entry focuses primarily on the same-sex civil partnership aspect of the Act, as opposed to the cohabitation aspect.
The Civil Partnership Act came into effect on 1 January 2011. It had been expected that the first ceremonies would not take place until April 2011 due to a three month waiting period required by law for all civil ceremonies. However, the legislation does provide a mechanism for exemptions to be sought through the courts, and the first partnership, which was between two men, was registered on 7 February 2011..
The first publicly celebrated Irish civil partnership under the Act took place on 5 April 2011, in Dublin, between Hugh Walsh and Barry Dignam.
The tax code was amended in July 2011 under the Finance (No. 3) Act to take account of civil partnership. The Act, in the main, is retrospective to 1 January 2011 and it creates virtual parity, in taxation mattes, between civil partners on the one hand and married people on the other hand. The Social Welfare code had already been amended in December, 2010 to take account of civil partnership.
The 2006 Irish
census
revealed 121,000 cohabiting couples, up from 77,000 in 2002. This included 2,090 in same-sex relationships, up from 1,300.
surrounding a definition of 'spouse' when it was claimed that the Minister for Social and Family Affairs, Mary Coughlan was seeking to exclude non-married partners from Social welfare legislation. The exclusion was a Government response to a finding by the Equality Tribunal that a gay couple was discriminated against in travel privileges.
In 2004, the Civil Registration Act, which included a prohibition of same-sex marriage. was passed. The act explicitly declared that there was an "impediment to a marriage" if "both parties are of the same sex".
In December 2006, judgment in the 'KAL Case' (see below), the Irish High Court held that marriage as defined in the Irish Constitution was between a man and a woman and that there was no breach of rights in the refusal of the Revenue Commissioners to recognise foreign same-sex marriages.
" in 1993, gay rights was not a high-profile issue in Ireland. From 2001 however, Irish media increasingly covered international developments in the same-sex partnerships issue,. This has included coverage of reports on the issue, legal cases taken by gay Irish couples, surrogate parenthood, adoption, extra-legal same-sex unions, blessings and the foreign partnerships of Irish politicians. There was extensive coverage of the 2005 introduction of Civil Partnerships in the UK, which applies to Northern Ireland.
Irish Legislators began to comment publicly from 2003, some tentatively suggesting legislation, and some referring to Catholic teachings. Among the general public, reaction was favourable, with a 2005 online poll showing most respondents seeing some recognition as inevitable and acceptable. More rigorous public polls taken during 2006 showed an increasing majority of the population, up to 80%, supporting the introduction of some partnership rights for gay couples, with a slim majority favouring full marriage. The numbers in favour of gay adoption were lower but less clear.
Some public and religious figures, including bishops in the Catholic Church, and in the Church of Ireland also proposed legal recognition in 2004, but in a form different to marriage.
At the 2002 general election
only the manifesto of the Green Party
explicitly referred to the rights of gay couples, but from 2004 all political parties, including the then Fianna Fáil/Progressive Democrat government, produced polices or made statements in favour of varying forms of recognition. In 2004 Fine Gael was the first party to launch an explicit policy document supporting civil partnerships.
In the run-up to the 2007 general election, the manifestos of all parties supported Civil Unions for same-sex couples with Sinn Féin and the Green Party supporting full civil marriage. All parties ran advertisements in GCN
(Gay Community News) with commitments to same-sex couples.
A survey carried out in 2008 showed that 84% of Irish people supported civil marriage or civil partnerships for gay and lesbian couples, with 58% (up from 51%) supporting full marriage rights in registry offices. The number who believe gay couples should only be allowed to have civil partnerships fell in the same period, from 33% to 26%. A later The Irish Times
online poll, put support for same-sex marriage at 63%, up a further 5%. A survey commissioned by MarriagEquality in February 2009 indicated that 62% of Irish people supported same-sex marriage and would vote in favour of it if a referendum were held.
Existing and new gay organisations such as GLEN, GLUE and Noise began specifically campaigning for recognition in 2006.
A public survey in October 2008 revealed 62% of adults would vote Yes in a referendum to extend civil marriage to same-sex couples. A breakdown of the results shows that support is strongest among younger people and in urban areas. Women were more supportive at 68% compared to 56% of men. There was slightly less support for same-sex couples being given the right to adopt. A total of 58% of those under 50 believe same-sex couples should be able to adopt, falling to 33% among the over-50s. A total of 54% believe the definition of the family unit in the Irish Constitution should be changed to include same-sex families.
In September 2010, an Irish Times/Behaviour Attitudes survey of 1,006 people showed that 67% felt that same-sex couples should be allowed to marry. This majority extended across all age groups, with the exception of the over-65s, while 66% of Catholics were in favour of same-sex marriage. Only 25% disagreed that same-sex couples should be allowed to marry, opposition that was concentrated among older people and those in rural areas. In terms of same-sex adoption, 46% were in support of it and 38% opposed. However, a majority of females, 18-44 year-olds, and urban dwellers supported the idea. The survey also showed that 91% of people would not think less of someone who came out
as homosexual, while 60% felt the recent civil partnership legislation was not an attack on marriage.
The most recent poll, in March 2011 (by the Sunday Times/RED C), showed that 73% of people supported allowing same-sex couples marry (with 53% 'agreeing strongly' with the idea), while 60% felt that same-sex couples should be allowed to adopt children.
Currently the Labour Party
, the Green Party
, the Socialist Party
, and Sinn Féin
, Ógra Fianna Fáil
(Fianna Fáil
's youth wing) and Young Fine Gael
all support same-sex marriage.
and Ann Louise Gilligan (K & AL) were granted leave by the Republic of Ireland's High Court
to pursue a claim to have their September 2003 Vancouver marriage
recognised for the filing of joint tax returns in Ireland. Mr. Justice Liam McKechnie remarked that the case was significant and would embrace far-reaching issues touching many aspects of society. Lead barrister, Gerard Hogan, argued that neither the 1937 Irish constitution nor more recent tax laws specifically define marriage as between one man and one woman. Following a delay, the Government announced in April 2005 that it would contest the case on the basis of advice from the Attorney General
that it would prevail. The case attracted media coverage in The Boston Globe
and the couple were interviewed on The Late Late Show
.
The case was heard in October 2006 and in the judgment was delivered on the 14 December 2006 Ms. Justice Dunne found that although a 'living document', the Irish constitution had always meant for marriage to be between a man and a woman, that the definitions used in the Civil Registration Act of 2004 was an expression of the current attitudes of the state and that she could find no reason to change that. Further, she found that the constitution did not violate the plaintiffs rights under European law. The judgment did say, however, that the topic is very much in the news and that there were undoubtedly difficulties and hardships for same-sex and unmarried heterosexual couples and that
Of note, the Dunne judgment did not explicitly opine that same-sex marriage if agreed by the Oireachtas, would be unconstitutional. On 23 February 2007 the case was appealed to the Supreme Court
. The case is expected to come before the Supreme Court some time in 2011.
.
The consultation proposals called for legal 'presumed' recognition of qualifying cohabiting relationships. Qualifying Cohabitees were defined as unmarried same-sex or opposite-sex cohabiting couples in a 'marriage-like' relationships of 2 years (or 3 years in some cases), to be determined by the courts.
The commission reviewed such areas as property, succession, maintenance, pensions, social welfare and tax and recommended some changes in the law to provide rights for qualifying co-habitees. These rights would be applied by the court on application as distinct from the 'automatic' rights of legal marriage. The commission took care not to propose anything which would equate co-habitation with marriage due to concerns that such a proposal might violate the constitutional protection of the family.
The paper also included recommendations on other steps that cohabiting couples should take such writing wills, defining power of attorney, etc.
Equality Authority: In January 2001, the authority produced a report
on Same-sex partnerships in Ireland,
which it had commissioned to inform its own debate. In May 2002, the Equality Authority issued its formal report on Equality for Lesbians Gays and Bisexuals, which highlighted the lack of recognition for same-sex couples in Irish law. In a departure from the norm, the report recommended legislative changes. These were to give legal recognition to same-sex couples, to provide equality with married couples in the areas of adoption, inheritance and taxation to eliminate discrimination.
NESF: In April 2003, the National Economic and Social Forum (NESF) published Report 27 – The implementation of Equality policies for Gay, Lesbian and Bisexual people. The recommendations included calls for the Law Reform Commission to consider models to achieve equal rights for same-sex couples in its then upcoming report.
Human Rights Commission: In a report on de facto couples presented to the Justice Minister in May 2006, the Irish Human Rights Commission evaluated international standards in dealing with unmarried couples, and assessed the changes needed in Irish law from a human rights perspective. The Commission called for legal recognition of all de facto relationships, but did not call for civil marriage to be made available to same-sex couples. The IHRC has also released a report on the Civil Partnership Scheme in January 2009.
Irish Council for Civil Liberties: Legal recognition of partnership rights and addressing inequalities in family law are a strategic objective of the ICCL for 2004–2009. In a December 2004 submission they welcomed the Law Reform proposals, but said that registered unions were necessary. In a 2005 radio interview the partnerships officer said that full civil marriage would not be likely to succeed in a referendum. However, their May 2006 report on the issue—"Equality for All Families"– launched by ICCL founder Kader Asmal
, called for legislated partnership registration and revisions to the constitutional provisions on civil marriage and the family, to give improved protection to children. This revision, which might require a referendum, should include a right to marry irrespective of sexual orientation.
Committee on the Constitution
, re-established in December 2002, has been conducting a review of the entire constitution. In October 2004 it invited submissions on the Articles related to the family. Chairman Denis O'Donovan
TD stated that it was examining these Articles to ascertain the extent to which they are serving the good of individuals and the community, with a view to deciding whether changes in them would bring about a greater balance between the two. Among the many issues raised by the committee were the definition of the family and the rights of gay couples to marry.
The relevant provisions are Articles 40.3, 41 and 42
The committee held oral hearings in Spring 2005 and received an unexpectedly large volume of written submissions with at least 60% being opposed to any constitutional changes to marriage or the family. The final report, the Tenth interim report of the committee, was launched by Taoiseach Bertie Ahern on 24 January 2006. It recommended no change to the constitutional definitions, as it expected such a referendum to fail. It suggested that there should instead be legislation for a civil partnership registration open to same-sex or opposite-sex couples which would confer succession, maintenance and taxation rights. Controversially, it also recommended that the 'presumed' recognition of co-habiting partners by the courts, as recommended by the Law Reform Commission, should also be legislated for, but only for opposite-sex couples. The basis for the limitation was that it would be easy for the courts to determine the validity of a opposite-sex relationship if there were children.
in Northern Ireland held the first of the new UK Civil Partnership registration ceremonies. The Government said that it would legislate following the report, but Taoiseach Bertie Ahern also said there might not be time to do so before the then upcoming election.
Chaired by former TD Anne Colley
, this working group included GLEN, the gay rights lobby organisation, who said they expected a recommendation for civil marriage. The group facilitated a conference on the topic in May 2006, as input to its reports which was attended by experts from other countries which have introduced civil unions and gay marriage. During his speech, McDowell was interrupted by members of the Ancient Order of Hibernians
opposed to the Government plans.
Initially to report by March 2006, the group presented its report to Government in November 2006. They recommended that a civil partnership scheme would resolve most of the issues for same-sex and cohabiting couples, while providing less benefits than marriage. Offering civil marriage to gay couples would be open to constitutional challenge. They also recommended a legal presumption of partnership for couples which have lived together for three years, or have children together. No recommendations were made for couples in non-conjugal
relationships due to lack of research. The cabinet reviewed the report, but no legislation was introduced before the 2007 General election, and in the intervening period the Government rejected opposition legislation, saying that legislation should await the KAL Case Supreme Court challenge.
tabled a Private Member's Bill
on Civil Partnerships in the Seanad
.
The bill provided for the recognition of unmarried partnerships, both same-sex and opposite-sex cohabiting couples. It defined eligibility for a civil partnership and the process of registering a civil partnership. Rather than listing all the rights of a civil partner, it specified that all the rights of marriage would apply to anyone in a civil partnership. However, it specifically defined the dissolution process and the process for recognising foreign civil partnerships.
Norris said the Bill was initiated "to protect the rights of adults who find themselves in relationships outside the conventional bonds of marriage" and "to meet the requirements of those who are making arrangements in their personal lives outside the formalities of marriage" and who also "need to be supported in the creation of mature stable relationships". Norris said he had done substantial research in order to achieve consensus on a moderate bill which took on board stated reservations.
The debate, including contributions from Justice Minister Michael McDowell, took place on 16 February 2005. The majority of speakers supported the principles behind the bill and complimented Senator Norris on his work. Some expressed reservations due to the Constitutional protection of the family.
A Government amendment designed to postpone a vote attracted much acrimony. This postponement was to allow for input from then ongoing investigations: the Law Reform Commission, the High court KAL Case on the Canadian Marriage and the Constitutional Review committee. Eventually it was agreed to debate the bill but adjourn a vote indefinitely.
, an opposition Labour Party
TD tabled a private members Civil Unions Bill in Dáil Éireann
.
Similar to the Norris bill in its provisions, this bill defined a Civil Union as providing all the rights and duties as defined for marriage, but specifically limited Civil Unions to same-sex couples. It also provided for adoption by Civil Union couples.
The debate, again including contributions from Justice Minister Michael McDowell, took place in February 2007. All speakers supported Civil Unions for gay couples and complimented Deputy Howlin on the bill. One expressed reservations about adoption. Minister McDowell claimed that the bill violated the constitutional provisions on marriage and the family. Government speakers said that Civil Unions needed to be introduced but that more time was needed to take account of the ongoing Supreme Court case and investigation work in the department of Justice.
The Government amended the bill to delay debate for six months. As expected, the bill then fell when the Dáil was dissolved in the intervening period for the 2007 general election. Deputy Howlin said that the real reason for the delay was that the Government did not want to enact this type of social legislation in the face of an election.
Labour again brought their bill before the new house on 31 October 2007 but the Government again voted the bill down. The Green Party, now in Government also voted in opposition to the bill, with spokesperson Ciarán Cuffe
arguing that the bill was unconstitutional but without giving a reasoning. The Government committed itself to introducing its own bill for Registered Civil Partnerships by 31 March 2008, a date it failed to meet.
In response to the legislation, Government Senator Jim Walsh
put forward a party motion to counter the Bill. and the Irish Times reported that around 30 unidentified backbencher
s had signed the motion. One anonymous Senator was quoted as claiming that the motion "would have considerable support from the more conservative sections of the parliamentary party". Taoiseach
Brian Cowen
, responded by insisting that the registration of same-sex couples would not interfere with the constitutional
status of marriage
. Cowen noted that the Bill had been drawn up in close consultation with the Attorney General
and had been included in the programme for government. The motion was referred to the parliamentary party's justice committee on 1 July 2008 but a Fianna Fáil spokesperson was quoted as saying that there was "broad support" within the party for the legislation, while the Taoiseach and the Minister for Justice, Equality and Law Reform Dermot Ahern
reaffirmed the constitutional compatibility of the law.
The announcement of the Heads was denounced as inadequate by the opposition parties Labour and Sinn Féin. Sinn Féin spokesperson Aengus Ó Snodaigh
commented that "the Government must do better".
The Government published the full Civil Partnership Bill on 26 June 2009 and said that it would be operational before the end of 2009. Dermot Ahern, the Minister for Justice, Equality and Law Reform, introduced the bill's second stage
on 3 December 2009. He said that consequent modifications to the finance and social welfare provisions would come into effect when the bill was passed. There was further Second Stage debate on the bill on 21 January 2010. The Second Stage finished on 27 January 2010. The Committee Stage of the bill was completed on 27 May 2010. The bill was passed in the Final Stage by the Dáil without a vote on 1 July 2010. The bill was passed in the Final Stage in the Seanad by a vote of 48–4, on 8 July 2010 and was signed by the President of Ireland
on 19 July 2010. The Minister for Justice and Law Reform Dermot Ahern said: "This is one of the most important pieces of civil rights legislation to be enacted since independence. Its legislative advance has seen an unprecedented degree of unity and support within both Houses of the Oireachtas."
The Minster for Justice signed the commencement order for the Act on the 23 December 2010. The Act came into force on the 1 January 2011. The date of commencement of the act was dependent on further legislation in the areas of taxation and social welfare, which was enacted separately. The Social Welfare and Pensions Bill 2010 was passed by the Dáil on 14 December and the Seanad on 17 December 2010.
which took office in March 2011 proposes holding a special constitutional convention to amend the Constitution of Ireland
, including plans to introduce same-sex marriage.
in 2010.
Section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 states the criteria used to govern which classes of relationships can be recognised. They are:
The French PACS
is not included, nor are some other legal relationships – for example, the Dutch Civil Partnership and some of the Domestic Partnerships in the United States. The reason is that these kinds of relationships can be dissolved by agreement between the parties (that is by both parties signing a document with a lawyer), not through the courts.
Marriage, unions and partnerships by country
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s in Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, granted under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 is an Act of the Oireachtas which allows civil partnerships. The act also provides rights for participants in long-term cohabiting relationships who have not entered into a civil partnership or marriage...
, give same-sex couples rights and responsibilities similar, but not equal to, civil marriage
Civil marriage
Civil marriage is marriage performed by a government official and not a religious organization.-History:Every country maintaining a population registry of its residents keeps track of marital status, and most countries believe that it is their responsibility to register married couples. Most...
. The legislation also provides rights for participants in long-term cohabiting relationships (opposite- or same-sex) who have not entered into a civil partnership or marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
. The following entry focuses primarily on the same-sex civil partnership aspect of the Act, as opposed to the cohabitation aspect.
The Civil Partnership Act came into effect on 1 January 2011. It had been expected that the first ceremonies would not take place until April 2011 due to a three month waiting period required by law for all civil ceremonies. However, the legislation does provide a mechanism for exemptions to be sought through the courts, and the first partnership, which was between two men, was registered on 7 February 2011..
The first publicly celebrated Irish civil partnership under the Act took place on 5 April 2011, in Dublin, between Hugh Walsh and Barry Dignam.
The tax code was amended in July 2011 under the Finance (No. 3) Act to take account of civil partnership. The Act, in the main, is retrospective to 1 January 2011 and it creates virtual parity, in taxation mattes, between civil partners on the one hand and married people on the other hand. The Social Welfare code had already been amended in December, 2010 to take account of civil partnership.
The 2006 Irish
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
census
Census
A census is the procedure of systematically acquiring and recording information about the members of a given population. It is a regularly occurring and official count of a particular population. The term is used mostly in connection with national population and housing censuses; other common...
revealed 121,000 cohabiting couples, up from 77,000 in 2002. This included 2,090 in same-sex relationships, up from 1,300.
Legal position before 2011
In March 2004, there was controversy in the DáilDáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
surrounding a definition of 'spouse' when it was claimed that the Minister for Social and Family Affairs, Mary Coughlan was seeking to exclude non-married partners from Social welfare legislation. The exclusion was a Government response to a finding by the Equality Tribunal that a gay couple was discriminated against in travel privileges.
In 2004, the Civil Registration Act, which included a prohibition of same-sex marriage. was passed. The act explicitly declared that there was an "impediment to a marriage" if "both parties are of the same sex".
In December 2006, judgment in the 'KAL Case' (see below), the Irish High Court held that marriage as defined in the Irish Constitution was between a man and a woman and that there was no breach of rights in the refusal of the Revenue Commissioners to recognise foreign same-sex marriages.
Public debate
Following the decriminalisation of "buggeryBuggery
The British English term buggery is very close in meaning to the term sodomy, and is often used interchangeably in law and popular speech. It may be, also, a specific common law offence, encompassing both sodomy and bestiality.-In law:...
" in 1993, gay rights was not a high-profile issue in Ireland. From 2001 however, Irish media increasingly covered international developments in the same-sex partnerships issue,. This has included coverage of reports on the issue, legal cases taken by gay Irish couples, surrogate parenthood, adoption, extra-legal same-sex unions, blessings and the foreign partnerships of Irish politicians. There was extensive coverage of the 2005 introduction of Civil Partnerships in the UK, which applies to Northern Ireland.
Irish Legislators began to comment publicly from 2003, some tentatively suggesting legislation, and some referring to Catholic teachings. Among the general public, reaction was favourable, with a 2005 online poll showing most respondents seeing some recognition as inevitable and acceptable. More rigorous public polls taken during 2006 showed an increasing majority of the population, up to 80%, supporting the introduction of some partnership rights for gay couples, with a slim majority favouring full marriage. The numbers in favour of gay adoption were lower but less clear.
Some public and religious figures, including bishops in the Catholic Church, and in the Church of Ireland also proposed legal recognition in 2004, but in a form different to marriage.
At the 2002 general election
Irish general election, 2002
The Irish general election of 2002 was held on Friday, 17 May 2002 just over three weeks after the dissolution of the 28th Dáil on Thursday 25 April by President Mary McAleese, at the request of the Taoiseach, Bertie Ahern...
only the manifesto of the Green Party
Green Party (Ireland)
The Green Party is a green political party in Ireland. It was founded as the Ecology Party of Ireland in 1981 by Dublin teacher Christopher Fettes. The party became the Green Alliance in 1983 and in 1987 was renamed to its current title in English...
explicitly referred to the rights of gay couples, but from 2004 all political parties, including the then Fianna Fáil/Progressive Democrat government, produced polices or made statements in favour of varying forms of recognition. In 2004 Fine Gael was the first party to launch an explicit policy document supporting civil partnerships.
In the run-up to the 2007 general election, the manifestos of all parties supported Civil Unions for same-sex couples with Sinn Féin and the Green Party supporting full civil marriage. All parties ran advertisements in GCN
Gay Community News (Dublin)
Gay Community News, based in Dublin, is Ireland's longest-running LGBT publication. First published on 10 February 1988 when Tonie Walsh and Catherine Glendon, both activists on the Dublin gay scene, decided it was time for Ireland’s gay and lesbian population to have a free publication of their...
(Gay Community News) with commitments to same-sex couples.
A survey carried out in 2008 showed that 84% of Irish people supported civil marriage or civil partnerships for gay and lesbian couples, with 58% (up from 51%) supporting full marriage rights in registry offices. The number who believe gay couples should only be allowed to have civil partnerships fell in the same period, from 33% to 26%. A later The Irish Times
The Irish Times
The Irish Times is an Irish daily broadsheet newspaper launched on 29 March 1859. The editor is Kevin O'Sullivan who succeeded Geraldine Kennedy in 2011; the deputy editor is Paul O'Neill. The Irish Times is considered to be Ireland's newspaper of record, and is published every day except Sundays...
online poll, put support for same-sex marriage at 63%, up a further 5%. A survey commissioned by MarriagEquality in February 2009 indicated that 62% of Irish people supported same-sex marriage and would vote in favour of it if a referendum were held.
Existing and new gay organisations such as GLEN, GLUE and Noise began specifically campaigning for recognition in 2006.
A public survey in October 2008 revealed 62% of adults would vote Yes in a referendum to extend civil marriage to same-sex couples. A breakdown of the results shows that support is strongest among younger people and in urban areas. Women were more supportive at 68% compared to 56% of men. There was slightly less support for same-sex couples being given the right to adopt. A total of 58% of those under 50 believe same-sex couples should be able to adopt, falling to 33% among the over-50s. A total of 54% believe the definition of the family unit in the Irish Constitution should be changed to include same-sex families.
In September 2010, an Irish Times/Behaviour Attitudes survey of 1,006 people showed that 67% felt that same-sex couples should be allowed to marry. This majority extended across all age groups, with the exception of the over-65s, while 66% of Catholics were in favour of same-sex marriage. Only 25% disagreed that same-sex couples should be allowed to marry, opposition that was concentrated among older people and those in rural areas. In terms of same-sex adoption, 46% were in support of it and 38% opposed. However, a majority of females, 18-44 year-olds, and urban dwellers supported the idea. The survey also showed that 91% of people would not think less of someone who came out
Coming out
Coming out is a figure of speech for lesbian, gay, bisexual, and transgender people's disclosure of their sexual orientation and/or gender identity....
as homosexual, while 60% felt the recent civil partnership legislation was not an attack on marriage.
The most recent poll, in March 2011 (by the Sunday Times/RED C), showed that 73% of people supported allowing same-sex couples marry (with 53% 'agreeing strongly' with the idea), while 60% felt that same-sex couples should be allowed to adopt children.
Currently the Labour Party
Labour Party (Ireland)
The Labour Party is a social-democratic political party in the Republic of Ireland. The Labour Party was founded in 1912 in Clonmel, County Tipperary, by James Connolly, James Larkin and William X. O'Brien as the political wing of the Irish Trade Union Congress. Unlike the other main Irish...
, the Green Party
Green Party (Ireland)
The Green Party is a green political party in Ireland. It was founded as the Ecology Party of Ireland in 1981 by Dublin teacher Christopher Fettes. The party became the Green Alliance in 1983 and in 1987 was renamed to its current title in English...
, the Socialist Party
Socialist Party (Ireland)
The Socialist Party is a socialist political party active in Ireland. It is a member of the Committee for a Workers' International .Formerly known as Militant Tendency, then Militant Labour, it adopted the name The Socialist Party in 1996. From their foundation in 1972 until the 1980s, members of...
, and Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
, Ógra Fianna Fáil
Ógra Fianna Fáil
Ógra Fianna Fáil is the youth wing of Fianna Fáil, a political party in Ireland. Within Fianna Fáil it is simply called Ógra . It was founded in 1975 by party leader Jack Lynch under the guidance of party general secretary, Séamus Brennan. In the Republic, it is active in some major Third Level...
(Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
's youth wing) and Young Fine Gael
Young Fine Gael
Young Fine Gael is the autonomous youth wing of the major Irish political party Fine Gael. It offers its members scope to assist in formulation of political policy, and the day to day running of the senior party...
all support same-sex marriage.
The 'KAL' recognition case
In November 2004 lesbian couple Katherine ZapponeKatherine Zappone
Katherine Zappone is a member of the Irish Human Rights Commission and an independent member of Seanad Éireann.Zappone was born in Washington state, and educated at Boston College , The Catholic University of America and University College Dublin...
and Ann Louise Gilligan (K & AL) were granted leave by the Republic of Ireland's High Court
Courts of the Republic of Ireland
The Courts of the Republic of Ireland consist of the Supreme Court, the Court of Criminal Appeal, the High Court, the Circuit Court and the District Court. The courts apply the laws of Ireland. Ireland is a common law jurisdiction and trials for serious offences must usually be held before a jury...
to pursue a claim to have their September 2003 Vancouver marriage
Same-sex marriage in British Columbia
Same-sex marriage in British Columbia became legal on July 8, 2003, becoming the second region in Canada to legalize same-sex marriage, behind Ontario, after a series of court rulings which ultimately landed in favour of same-sex couples seeking marriage licenses.Canada became the fourth country in...
recognised for the filing of joint tax returns in Ireland. Mr. Justice Liam McKechnie remarked that the case was significant and would embrace far-reaching issues touching many aspects of society. Lead barrister, Gerard Hogan, argued that neither the 1937 Irish constitution nor more recent tax laws specifically define marriage as between one man and one woman. Following a delay, the Government announced in April 2005 that it would contest the case on the basis of advice from the Attorney General
Attorney General of Ireland
The Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends...
that it would prevail. The case attracted media coverage in The Boston Globe
The Boston Globe
The Boston Globe is an American daily newspaper based in Boston, Massachusetts. The Boston Globe has been owned by The New York Times Company since 1993...
and the couple were interviewed on The Late Late Show
The Late Late Show
The Late Late Show, sometimes referred to as The Late Late, or in some cases by the acronym LLS, is the world's longest-running chat show by the same broadcaster and the official flagship television programme of Irish broadcasting company RTÉ...
.
The case was heard in October 2006 and in the judgment was delivered on the 14 December 2006 Ms. Justice Dunne found that although a 'living document', the Irish constitution had always meant for marriage to be between a man and a woman, that the definitions used in the Civil Registration Act of 2004 was an expression of the current attitudes of the state and that she could find no reason to change that. Further, she found that the constitution did not violate the plaintiffs rights under European law. The judgment did say, however, that the topic is very much in the news and that there were undoubtedly difficulties and hardships for same-sex and unmarried heterosexual couples and that
- "It is to be hoped that the legislative changes to ameliorate these difficulties will not be long in coming. Ultimately, it is for the legislature to determine the extent to which such changes should be made."
Of note, the Dunne judgment did not explicitly opine that same-sex marriage if agreed by the Oireachtas, would be unconstitutional. On 23 February 2007 the case was appealed to the Supreme Court
Supreme Court (Ireland)
The Supreme Court of Ireland is the highest judicial authority in the Republic of Ireland. It is a court of final appeal and exercises, in conjunction with the High Court, judicial review over Acts of the Oireachtas . The Court also has jurisdiction to ensure compliance with the Constitution of...
. The case is expected to come before the Supreme Court some time in 2011.
Law Reform Commission
In December 2000, as part of the Second Programme of Law Reform, the Government requested the Law Reform Commission of Ireland to examine the Rights and Duties of co-habitees. In April 2004, the commission published a consultation paper with provisional recommendations on legal issues related to cohabiting relationships. The report included an analysis of issues for same-sex couples. Following responses, the final report was launched in December 2006 by Justice Minster Michael McDowellMichael McDowell
Michael McDowell is a Senior Counsel in the Bar Council of Ireland and a former politician. A grandson of Irish revolutionary Eoin MacNeill, McDowell was a founding member of the Progressive Democrats political party in the mid-1980s...
.
The consultation proposals called for legal 'presumed' recognition of qualifying cohabiting relationships. Qualifying Cohabitees were defined as unmarried same-sex or opposite-sex cohabiting couples in a 'marriage-like' relationships of 2 years (or 3 years in some cases), to be determined by the courts.
The commission reviewed such areas as property, succession, maintenance, pensions, social welfare and tax and recommended some changes in the law to provide rights for qualifying co-habitees. These rights would be applied by the court on application as distinct from the 'automatic' rights of legal marriage. The commission took care not to propose anything which would equate co-habitation with marriage due to concerns that such a proposal might violate the constitutional protection of the family.
The paper also included recommendations on other steps that cohabiting couples should take such writing wills, defining power of attorney, etc.
Other statutory bodies and NGOs
Since 2002, various statutory bodies have issued reports calling for recognition of homosexual and de-facto heterosexual relationships.Equality Authority: In January 2001, the authority produced a report
on Same-sex partnerships in Ireland,
which it had commissioned to inform its own debate. In May 2002, the Equality Authority issued its formal report on Equality for Lesbians Gays and Bisexuals, which highlighted the lack of recognition for same-sex couples in Irish law. In a departure from the norm, the report recommended legislative changes. These were to give legal recognition to same-sex couples, to provide equality with married couples in the areas of adoption, inheritance and taxation to eliminate discrimination.
NESF: In April 2003, the National Economic and Social Forum (NESF) published Report 27 – The implementation of Equality policies for Gay, Lesbian and Bisexual people. The recommendations included calls for the Law Reform Commission to consider models to achieve equal rights for same-sex couples in its then upcoming report.
Human Rights Commission: In a report on de facto couples presented to the Justice Minister in May 2006, the Irish Human Rights Commission evaluated international standards in dealing with unmarried couples, and assessed the changes needed in Irish law from a human rights perspective. The Commission called for legal recognition of all de facto relationships, but did not call for civil marriage to be made available to same-sex couples. The IHRC has also released a report on the Civil Partnership Scheme in January 2009.
Irish Council for Civil Liberties: Legal recognition of partnership rights and addressing inequalities in family law are a strategic objective of the ICCL for 2004–2009. In a December 2004 submission they welcomed the Law Reform proposals, but said that registered unions were necessary. In a 2005 radio interview the partnerships officer said that full civil marriage would not be likely to succeed in a referendum. However, their May 2006 report on the issue—"Equality for All Families"– launched by ICCL founder Kader Asmal
Kader Asmal
Kader Asmal was a South African politician. He was a professor of human rights at the University of the Western Cape, chairman of the council of the University of the North and vice-president of the African Association of International Law. He was married to Louise Parkinson and has two sons...
, called for legislated partnership registration and revisions to the constitutional provisions on civil marriage and the family, to give improved protection to children. This revision, which might require a referendum, should include a right to marry irrespective of sexual orientation.
Constitutional review
The All-Party OireachtasOireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
Committee on the Constitution
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
, re-established in December 2002, has been conducting a review of the entire constitution. In October 2004 it invited submissions on the Articles related to the family. Chairman Denis O'Donovan
Denis O'Donovan
Denis O'Donovan is an Irish Fianna Fáil politician and a member of Seanad Éireann on the Agricultural Panel.A native of Bantry, he was elected to Cork County Council in 1985, and re-elected in 1991 and 1999. He was nominated by the Taoiseach to the Seanad in 1989...
TD stated that it was examining these Articles to ascertain the extent to which they are serving the good of individuals and the community, with a view to deciding whether changes in them would bring about a greater balance between the two. Among the many issues raised by the committee were the definition of the family and the rights of gay couples to marry.
The relevant provisions are Articles 40.3, 41 and 42
- Article 41
- 1° The State pledges itself to guard with special care the institution of marriage, on which the family is founded, and to protect it against attack.
The committee held oral hearings in Spring 2005 and received an unexpectedly large volume of written submissions with at least 60% being opposed to any constitutional changes to marriage or the family. The final report, the Tenth interim report of the committee, was launched by Taoiseach Bertie Ahern on 24 January 2006. It recommended no change to the constitutional definitions, as it expected such a referendum to fail. It suggested that there should instead be legislation for a civil partnership registration open to same-sex or opposite-sex couples which would confer succession, maintenance and taxation rights. Controversially, it also recommended that the 'presumed' recognition of co-habiting partners by the courts, as recommended by the Law Reform Commission, should also be legislated for, but only for opposite-sex couples. The basis for the limitation was that it would be easy for the courts to determine the validity of a opposite-sex relationship if there were children.
Department of Justice working group (Colley Report)
On 20 December 2005, Minister for Justice Michael McDowell announced that he was creating a working group in the Department of Justice to provide options for government consideration. This announcement came on the day after BelfastBelfast
Belfast is the capital of and largest city in Northern Ireland. By population, it is the 14th biggest city in the United Kingdom and second biggest on the island of Ireland . It is the seat of the devolved government and legislative Northern Ireland Assembly...
in Northern Ireland held the first of the new UK Civil Partnership registration ceremonies. The Government said that it would legislate following the report, but Taoiseach Bertie Ahern also said there might not be time to do so before the then upcoming election.
Chaired by former TD Anne Colley
Anne Colley
Anne Colley is a former Irish Progressive Democrats politician who represented Dublin South from 1987 to 1989.-Background:Anne Colley was born in Dublin in 1951. She read Law at University College Dublin and qualified as a solicitor...
, this working group included GLEN, the gay rights lobby organisation, who said they expected a recommendation for civil marriage. The group facilitated a conference on the topic in May 2006, as input to its reports which was attended by experts from other countries which have introduced civil unions and gay marriage. During his speech, McDowell was interrupted by members of the Ancient Order of Hibernians
Ancient Order of Hibernians
The Ancient Order of Hibernians is an Irish Catholic fraternal organization. Members must be Catholic and either Irish born or of Irish descent. Its largest membership is now in the United States, where it was founded in New York City in 1836...
opposed to the Government plans.
Initially to report by March 2006, the group presented its report to Government in November 2006. They recommended that a civil partnership scheme would resolve most of the issues for same-sex and cohabiting couples, while providing less benefits than marriage. Offering civil marriage to gay couples would be open to constitutional challenge. They also recommended a legal presumption of partnership for couples which have lived together for three years, or have children together. No recommendations were made for couples in non-conjugal
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
relationships due to lack of research. The cabinet reviewed the report, but no legislation was introduced before the 2007 General election, and in the intervening period the Government rejected opposition legislation, saying that legislation should await the KAL Case Supreme Court challenge.
Norris bill 2004
In December 2004 Independent Senator David Norris, who had been central to the 1970s and 1980s Campaign for Homosexual Law ReformCampaign for Homosexual Law Reform
The Campaign for Homosexual Law Reform was an organisation set up to campaign for the decriminalisation of homosexuality in the Republic of Ireland and Northern Ireland in the 1970s...
tabled a Private Member's Bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
on Civil Partnerships in the Seanad
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
.
The bill provided for the recognition of unmarried partnerships, both same-sex and opposite-sex cohabiting couples. It defined eligibility for a civil partnership and the process of registering a civil partnership. Rather than listing all the rights of a civil partner, it specified that all the rights of marriage would apply to anyone in a civil partnership. However, it specifically defined the dissolution process and the process for recognising foreign civil partnerships.
Norris said the Bill was initiated "to protect the rights of adults who find themselves in relationships outside the conventional bonds of marriage" and "to meet the requirements of those who are making arrangements in their personal lives outside the formalities of marriage" and who also "need to be supported in the creation of mature stable relationships". Norris said he had done substantial research in order to achieve consensus on a moderate bill which took on board stated reservations.
The debate, including contributions from Justice Minister Michael McDowell, took place on 16 February 2005. The majority of speakers supported the principles behind the bill and complimented Senator Norris on his work. Some expressed reservations due to the Constitutional protection of the family.
A Government amendment designed to postpone a vote attracted much acrimony. This postponement was to allow for input from then ongoing investigations: the Law Reform Commission, the High court KAL Case on the Canadian Marriage and the Constitutional Review committee. Eventually it was agreed to debate the bill but adjourn a vote indefinitely.
Labour Party bills 2006, 2007
In December 2006, on the same day as the High-court judgment in the KAL case, Brendan HowlinBrendan Howlin
Brendan Howlin is an Irish Labour Party politician who has served as a Teachta Dála for Wexford since 1987. Currently the Minister for Public Expenditure and Reform, he previously served as Leas-Cheann Comhairle, Minister for the Environment and Minister for Health.-Early life:Born into a highly...
, an opposition Labour Party
Labour Party (Ireland)
The Labour Party is a social-democratic political party in the Republic of Ireland. The Labour Party was founded in 1912 in Clonmel, County Tipperary, by James Connolly, James Larkin and William X. O'Brien as the political wing of the Irish Trade Union Congress. Unlike the other main Irish...
TD tabled a private members Civil Unions Bill in Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
.
Similar to the Norris bill in its provisions, this bill defined a Civil Union as providing all the rights and duties as defined for marriage, but specifically limited Civil Unions to same-sex couples. It also provided for adoption by Civil Union couples.
The debate, again including contributions from Justice Minister Michael McDowell, took place in February 2007. All speakers supported Civil Unions for gay couples and complimented Deputy Howlin on the bill. One expressed reservations about adoption. Minister McDowell claimed that the bill violated the constitutional provisions on marriage and the family. Government speakers said that Civil Unions needed to be introduced but that more time was needed to take account of the ongoing Supreme Court case and investigation work in the department of Justice.
The Government amended the bill to delay debate for six months. As expected, the bill then fell when the Dáil was dissolved in the intervening period for the 2007 general election. Deputy Howlin said that the real reason for the delay was that the Government did not want to enact this type of social legislation in the face of an election.
Labour again brought their bill before the new house on 31 October 2007 but the Government again voted the bill down. The Green Party, now in Government also voted in opposition to the bill, with spokesperson Ciarán Cuffe
Ciarán Cuffe
Ciarán Cuffe is an Irish Green Party politician, an architect and a lecturer in planning. He was a Teachta Dála for the Dún Laoghaire constituency from 2002 to 2011, and served as Minister of State for Horticulture; Sustainable Travel; and Planning and Heritage from 2010 to 2011.-Background:Born...
arguing that the bill was unconstitutional but without giving a reasoning. The Government committed itself to introducing its own bill for Registered Civil Partnerships by 31 March 2008, a date it failed to meet.
Government legislation 2008–10
With the entering of the Green Party into Government in 2007, a commitment to legislation introducing Civil Partnerships was agreed in the Programme for Government in June of that year. On 24 June 2008, the Government announced the Heads of its Civil Partnership Bill. The Bill was expected to take approximately 6 months to pass, with the legislation expected to come into effect by June 2009.In response to the legislation, Government Senator Jim Walsh
Jim Walsh (politician)
Jim Walsh is an Irish Fianna Fáil politician and member of Seanad Éireann since 1997.-Early and personal life:Jim Walsh lives in New Ross, County Wexford. Walsh attended New Ross Christian Brothers School. He is married to Marie Furlong, they have one son and two daughters. Outside of his Seanad...
put forward a party motion to counter the Bill. and the Irish Times reported that around 30 unidentified backbencher
Backbencher
In Westminster parliamentary systems, a backbencher is a Member of Parliament or a legislator who does not hold governmental office and is not a Front Bench spokesperson in the Opposition...
s had signed the motion. One anonymous Senator was quoted as claiming that the motion "would have considerable support from the more conservative sections of the parliamentary party". Taoiseach
Taoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
Brian Cowen
Brian Cowen
Brian Cowen is a former Irish politician who served as Taoiseach of Ireland from 7 May 2008 to 9 March 2011. He was head of a coalition government led by Fianna Fáil which until 23 January 2011 had the support of the Green Party and independent TDs.Cowen was also leader of Fianna Fáil from 7 May...
, responded by insisting that the registration of same-sex couples would not interfere with the constitutional
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
status of marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
. Cowen noted that the Bill had been drawn up in close consultation with the Attorney General
Attorney General of Ireland
The Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends...
and had been included in the programme for government. The motion was referred to the parliamentary party's justice committee on 1 July 2008 but a Fianna Fáil spokesperson was quoted as saying that there was "broad support" within the party for the legislation, while the Taoiseach and the Minister for Justice, Equality and Law Reform Dermot Ahern
Dermot Ahern
Dermot Christopher Ahern is a former Irish Fianna Fáil politician. He was a Teachta Dála for the Louth constituency from 1987 to 2011...
reaffirmed the constitutional compatibility of the law.
The announcement of the Heads was denounced as inadequate by the opposition parties Labour and Sinn Féin. Sinn Féin spokesperson Aengus Ó Snodaigh
Aengus Ó Snodaigh
Aengus Ó Snodaigh is an Irish Sinn Féin politician. He has been a Teachta Dála for the Dublin South Central constituency since May 2002, and is party spokesperson for Housing, Justice, Equality and Human Rights, and International Affairs.-Early and private life:A Dubliner and Irish language...
commented that "the Government must do better".
The Government published the full Civil Partnership Bill on 26 June 2009 and said that it would be operational before the end of 2009. Dermot Ahern, the Minister for Justice, Equality and Law Reform, introduced the bill's second stage
Reading (legislature)
A reading of a bill is a debate on the bill held before the general body of a legislature, as opposed to before a committee or other group. In the Westminster system, there are usually several readings of a bill among the stages it passes through before becoming law as an Act of Parliament...
on 3 December 2009. He said that consequent modifications to the finance and social welfare provisions would come into effect when the bill was passed. There was further Second Stage debate on the bill on 21 January 2010. The Second Stage finished on 27 January 2010. The Committee Stage of the bill was completed on 27 May 2010. The bill was passed in the Final Stage by the Dáil without a vote on 1 July 2010. The bill was passed in the Final Stage in the Seanad by a vote of 48–4, on 8 July 2010 and was signed by the President of Ireland
President of Ireland
The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
on 19 July 2010. The Minister for Justice and Law Reform Dermot Ahern said: "This is one of the most important pieces of civil rights legislation to be enacted since independence. Its legislative advance has seen an unprecedented degree of unity and support within both Houses of the Oireachtas."
The Minster for Justice signed the commencement order for the Act on the 23 December 2010. The Act came into force on the 1 January 2011. The date of commencement of the act was dependent on further legislation in the areas of taxation and social welfare, which was enacted separately. The Social Welfare and Pensions Bill 2010 was passed by the Dáil on 14 December and the Seanad on 17 December 2010.
Government proposals 2011–16
Ireland's coalition governmentGovernment of the 31st Dáil
The Government of the 31st Dáil is the present Government of Ireland, formed after the 2011 general election to Dáil Éireann on 25 February 2011. Fine Gael entered into discussions with the Labour Party which culminated in a joint programme for government. The 31st Dáil first met on 9 March 2011...
which took office in March 2011 proposes holding a special constitutional convention to amend the Constitution of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
, including plans to introduce same-sex marriage.
Recognition of foreign partnerships
Certain foreign partnerships and same-sex marriages are recognised as civil partnerships since 13 January 2011. While Glenn Cunningham and Adriano Vilar are often cited as the first gay couple to have their civil partnership formally recognised in Ireland, in fact several hundred couples were recognised together at the exactly the same time. The couple formed a civil partnership at a ceremony in Northern IrelandNorthern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
in 2010.
Section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 states the criteria used to govern which classes of relationships can be recognised. They are:
- the relationship is exclusive in nature
- the relationship is permanent unless the parties dissolve it through the courts
- the relationship has been registered under the law of that juristdiction, and
- the rights and obligations attendant on the relationship are, in the opinion of the Minister, sufficient to indicate that the relationship would be treated comparably to a Civil Partnership.
The French PACS
Pacte civil de solidarité
In France, a pacte civil de solidarité commonly known as a PACS /paks/ , is a form of civil union between two adults for organising their joint life. It brings rights and responsibilities, but less so than marriage...
is not included, nor are some other legal relationships – for example, the Dutch Civil Partnership and some of the Domestic Partnerships in the United States. The reason is that these kinds of relationships can be dissolved by agreement between the parties (that is by both parties signing a document with a lawyer), not through the courts.
See also
- LGBT rights in the Republic of Ireland
- Timeline of LGBT historyTimeline of LGBT historyThe following is a timeline of lesbian, gay, bisexual, and transgender related history.-9660 to 5000 BC:* Mesolithic rock art in Sicily depicts phallic male figures in pairs that have been interpreted variously, including as depictions of homosexual intercourse.-7000 to 1700 BC:*Among the sexual...
- LGBT rights by country or territory
Marriage, unions and partnerships by country
External links
- lgbtNOISE | Gay Civil Marriage Now!
- MarriagEquality Campaign group for civil marriage for gay and lesbian people
- Support group for Irish Pink Adoptions