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Same-sex marriage in Ireland has been legal since 16 November 2015. A referendum on 22 May 2015 amended the
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditi ...
to provide that
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
is recognised irrespective of the sex of the partners. The measure was signed into law by the
President of Ireland The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Ireland and the supreme commander of the Irish Defence Forces. The president holds office for seven years, and can be elected for a maximum of two terms.Constitu ...
, Michael D. Higgins, as the
Thirty-fourth Amendment of the Constitution of Ireland The Thirty-fourth Amendment of the Constitution (Marriage Equality) Act 2015 (previously bill no. 5 of 2015) amended the Constitution of Ireland to permit marriage to be contracted by two persons without distinction as to their sex. Prior to the ...
on 29 August 2015. The '' Marriage Act 2015'', passed by the
Oireachtas The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of: *The President of Ireland *The two houses of the Oireachtas ( ga, Tithe an Oireachtais): ** Dáil Éireann ...
on 22 October 2015 and signed into law by the Presidential Commission on 29 October 2015, gave legislative effect to the amendment.
Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
s in the
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. ...
began being recognised from 16 November 2015, and the first marriage ceremonies of same-sex couples in Ireland occurred the following day.
Civil partnerships A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
, granted under the ''
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 (Irish Parliament) which allows same-sex couples to enter into civil partnerships. The Act also provides rights for participants in lon ...
'', gave same-sex couples rights and responsibilities similar, but not equal, to those of
civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a ...
. The
2011 Irish census The 2011 census of Ireland was held on Sunday, 10 April 2011. It was administered by the Central Statistics Office of Ireland and found the population to be 4,588,252 people.
revealed 143,600
cohabiting Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a Romance (love), romantic or Human sexuality, sexually intimate relationship on a long-term or permanent basis. Such a ...
couples, up from 77,000 in 2002. This included 4,042 in same-sex relationships, up from 1,300.


Background


Law Reform Commission (2000–2006)

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 cohabitees. 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 Minister Michael McDowell. 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 Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
,
succession Succession is the act or process of following in order or sequence. Governance and politics *Order of succession, in politics, the ascension to power by one ruler, official, or monarch after the death, resignation, or removal from office of ...
,
maintenance Maintenance may refer to: Biological science * Maintenance of an organism * Maintenance respiration Non-technical maintenance * Alimony, also called ''maintenance'' in British English * Champerty and maintenance, two related legal doct ...
,
pensions A pension (, from Latin ''pensiō'', "payment") is a fund into which a sum of money is added during an employee's employment years and from which payments are drawn to support the person's retirement from work in the form of periodic payments ...
,
social welfare Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
and tax, and recommended some changes in the law to provide rights for qualifying cohabitees. 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
cohabitation Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increas ...
with
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
due to concerns that such a proposal might violate the constitutional protection of the
family Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Idea ...
. The paper also included recommendations on other steps that cohabiting couples should take such writing wills, defining power of attorney, etc.


Constitutional review (2004–2006)

The all-party Oireachtas Committee on the Constitution, re-established in December 2002, was conducting a review of the entire
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditi ...
. In October 2004, it invited submissions on the articles related to the family. Chairman Denis O'Donovan 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 same-sex 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, including from members of Pro Life Campaign, Family Solidarity and the Mother and Child Campaign. The final report, the tenth interim report of the committee, was launched by
Taoiseach The Taoiseach is the head of government, or prime minister, of Ireland. The office is appointed by the president of Ireland upon the nomination of Dáil Éireann (the lower house of the Oireachtas, Ireland's national legislature) and the of ...
Bertie Ahern Bartholomew Patrick "Bertie" Ahern (born 12 September 1951) is an Irish former Fianna Fáil politician who served as Taoiseach from 1997 to 2008, Leader of Fianna Fáil from 1994 to 2008, Leader of the Opposition from 1994 to 1997, Tánaiste a ...
on 24 January 2006. It recommended no change to the constitutional definitions, as it expected such a
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
to fail. It suggested that there should instead be legislation for a
civil partnership A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
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 cohabiting 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 an opposite-sex relationship if there were children.


Colley Report (2005–2006)

On 20 December 2005, Minister for Justice Michael McDowell announced that he was creating a working group in the
Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
to provide options for government consideration. This announcement came on the day after
Belfast Belfast ( , ; from ga, Béal Feirste , meaning 'mouth of the sand-bank ford') is the capital and largest city of Northern Ireland, standing on the banks of the River Lagan on the east coast. It is the 12th-largest city in the United Kingdom ...
in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
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 upcoming election. Chaired by former TD
Anne Colley Anne Colley (born 14 July 1951) is a former Irish politician who served as a Teachta Dála (TD) for the Dublin South constituency from 1987 to 1989. Background Colley was born in Dublin in 1951. She studied law at University College Dublin (U ...
, this working group included the
Gay and Lesbian Equality Network The Gay and Lesbian Equality Network (GLEN) was an Irish LGBT rights group based in Dublin, Ireland. It was founded in 1988 by Don Donnelly, Charles Kerrigan, Suzy Byrne, Kieran Rose and Christopher Robson. It focused on achieving change in le ...
(GLEN), the gay rights lobby organisation, which said they expected a recommendation for
civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a ...
. 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 same-sex marriage. During his speech, McDowell was interrupted by members of the
Ancient Order of Hibernians The Ancient Order of Hibernians (AOH; ) is an Irish Catholic fraternal organization. Members must be male, Catholic, and either born in Ireland or of Irish descent. Its largest membership is now in the United States, where it was founded in N ...
opposed to the government plans. Initially to report by March 2006, the group presented its report to the 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 Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
. Offering civil marriage to same-sex couples would be open to a constitutional challenge. They also recommended a legal presumption of partnership for couples who 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 Supreme Court appeal in '' Zappone v. Revenue Commissioners''.


Other statutory bodies and NGOs

Since 2002, various statutory bodies have issued reports calling for recognition of de facto same-sex and opposite-sex relationships. ''Equality Authority'': In January 2001, the authority produced a report on same-sex partnerships in Ireland. 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 and to provide equality with married couples in the areas of adoption, inheritance and taxation to eliminate discrimination. ''National Economic and Social Forum'': In April 2003, the National Economic and Social Forum (NESF) published a report calling for the implementation of equality policies for gay, lesbian and bisexual people, and for the Law Reform Commission to consider models to achieve equal rights for same-sex couples in its then upcoming report. '' Irish Human Rights Commission'': In a report on de facto couples presented to the Justice Minister in May 2006, the Irish Human Rights Commission (IHRC) 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 also released a report on the civil partnership scheme in January 2009. ''
Irish Council for Civil Liberties The Irish Council for Civil Liberties ( ga, An Chomhairle um Chearta Daonna) is an Irish non-profit organisation dedicated to supporting the civil liberties and human rights of people in Ireland. History Founded in 1976 by future President Mar ...
'': Legal recognition of partnership rights and addressing inequalities in family law were a strategic objective of the Irish Council for Civil Liberties (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 Abdul Kader Asmal (8 October 1934 – 22 June 2011) 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 ...
, 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.


Civil partnerships

Civil partnerships A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
, introduced by the ''
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 (Irish Parliament) which allows same-sex couples to enter into civil partnerships. The Act also provides rights for participants in lon ...
'', gave same-sex couples rights and responsibilities similar, but not equal to, those of
civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a ...
. The ability to enter into a civil partnership ended on 16 November 2015. Constitutional protections granted to spouses, such as the spouse of a witness not being compelled to give evidence against their spouse in most cases, is one example of protections granted under civil partnerships. Spouses may further claim privilege in so far as necessary to protect the constitutional right to marital privacy. No such constitutional protections existed for civil partnerships. Further inequalities in relation to the family, immigration and other types of Irish law existed. The legislation also provided rights for participants in long-term cohabiting relationships (opposite-sex or same-sex) who had not entered into a civil partnership or
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
. 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 provided 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. While this ceremony was carried out publicly in the Civil Registration Office in
Dublin Dublin (; , or ) is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 ...
, the mainstream media were not present. It was not until 5 April 2011, the date originally anticipated as the date for the first ceremonies, that the media covered a civil partnership. This partnership ceremony, which was between Hugh Walsh and
Barry Dignam Barry Dignam (born 31 March 1971) is an Irish filmmaker. Some of his films are '' Chicken'', '' Dream Kitchen'', ''Stages'', ''Bounce'' and '' A Ferret Called Mickey''. Career Barry Dignam studied drama at Trinity College, Dublin and Film at t ...
, also took place in Dublin. Tax codes were amended in July 2011 under the ''Finance (No. 3) Act 2011'' to take account of civil partnerships. The Act, in the main, is retrospective to 1 January 2011 and it creates virtual parity, in taxation matters, 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 partnerships. Registration of civil partnerships discontinued on the day same-sex marriage legislation came into effect in November 2015, though existing civil partners are permitted to retain their relationship status, as there is no automatic conversion from a civil partnership to marriage.


Recognition of foreign partnerships

Certain foreign partnerships and same-sex marriages have been recognised as civil partnerships since 13 January 2011. While Glenn Cunningham and Adriano Vilar are often cited as the first same-sex 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 had formed a civil partnership at a ceremony in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
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 jurisdiction, 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 recognition is formally authorised by a
statutory instrument In many countries, a statutory instrument is a form of delegated legislation. United Kingdom Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom. National government Statutory instrumen ...
, four of which in been passed: in 2010, listing 33 relationship types in 27 jurisdictions; in 2011, adding 6 relationships; in 2012, adding 4; and in 2013, adding 14. The French
civil solidarity pact In France, a civil solidarity pact (french: pacte civil de solidarité), commonly known as a ''PACS'' (), is a contractual form of civil union between two adults for organising their joint life. It brings rights and responsibilities, but less s ...
is not included, nor are some other legal relationships, for example, the Dutch registered 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.


History


Legal position before civil partnerships

In March 2004, there was controversy in
Dáil Éireann Dáil Éireann ( , ; ) is the lower house, and principal chamber, of the Oireachtas (Irish legislature), which also includes the President of Ireland and Seanad Éireann (the upper house).Article 15.1.2º of the Constitution of Ireland rea ...
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 same-sex couple was discriminated against in travel privileges. The ''Civil Registration Act 2004'' included a prohibition of same-sex marriage. The act explicitly declared that there was an "impediment to a marriage" if "both parties are of the same sex". In December 2006, the High Court held in '' Zappone v. Revenue Commissioners'' 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.


Norris bill (2004)

In December 2004, Independent Senator David Norris, who had been central to the 1970s and 1980s
Campaign 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. Its most prominent leader was David Norris, an English studies ...
and had been successful in the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
in '' Norris v. Ireland'', tabled a
private member's bill A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in wh ...
on civil partnerships in
Seanad Éireann Seanad Éireann (, ; "Senate of Ireland") is the upper house of the Oireachtas (the Irish legislature), which also comprises the President of Ireland and Dáil Éireann (the lower house). It is commonly called the Seanad or Senate and its memb ...
. 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 the Minister for Justice, Equality and Law Reform, 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 case ''Zappone v. Revenue Commissioners'' on the recognition of a 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 ''Zappone'',
Brendan Howlin Brendan Howlin (born 9 May 1956) is an Irish Labour Party politician who has been a Teachta Dála (TD) for the Wexford constituency since 1987. He previously served as Leader of the Labour Party from 2016 to 2020, Minister for Public Expendit ...
, an opposition Labour Party TD, tabled a private member's bill on civil partnerships 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 couples in such unions. The debate, again including contributions from Justice Minister Michael McDowell, took place in February 2007. All speakers supported civil unions for same-sex 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 A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence. Greens believe that these issues are inherently related to one another as a foundation f ...
, 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 would fail to meet.


Government legislation (2008–2010)

The Green Party entered government with
Fianna Fáil Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil – The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil – An Páirtí Poblachtánach), is a conservative and Christia ...
in 2007, and 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 publication of a civil partnership bill. In response to the legislation, Senator Jim Walsh put forward a party motion to counter the bill. ''
The Irish Times ''The Irish Times'' is an Irish daily broadsheet newspaper and online digital publication. It launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is considered a newspaper ...
'' reported that around 30 unidentified
backbencher In Westminster and other parliamentary systems, a backbencher is a member of parliament (MP) or a legislator who occupies no governmental office and is not a frontbench spokesperson in the Opposition, being instead simply a member of the ...
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 Brian Bernard Cowen (born 10 January 1960) is an Irish former politician who served as Taoiseach and Leader of Fianna Fáil from 2008 to 2011. Cowen was elected to Dáil Éireann in 1984, for the constituency of Laois–Offaly and served in a ...
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 In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
,
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, and had been included in the Programme for Government. The motion was referred to the parliamentary party's justice committee on 1 July 2008. 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 Christopher Ahern (born 20 April 1955) is an Irish former Fianna Fáil politician who served as Minister for Justice and Law Reform from 2008 to 2011, Minister for Foreign Affairs from 2004 to 2008, Minister for Communications, Marine ...
, reaffirmed the constitutional compatibility of the law. The announcement was denounced as inadequate by the opposition Labour and
Sinn Féin Sinn Féin ( , ; en, " eOurselves") is an Irish republican and democratic socialist political party active throughout both the Republic of Ireland and Northern Ireland. The original Sinn Féin organisation was founded in 1905 by Arthur Gr ...
parties. Sinn Féin spokesperson
Aengus Ó Snodaigh Aengus Ó Snodaigh (; born 31 July 1964) is an Irish Sinn Féin politician, author and historian who has been a Teachta Dála (TD) for the Dublin South-Central constituency since the 2002 general election. Early and personal life A Dubliner ...
commented that "the government must do better". The civil partnership bill was introduced on 26 June 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, and 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. It was passed in the final stage in the Seanad by a vote of 48–4 on 8 July 2010 and was signed by
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Mary McAleese Mary Patricia McAleese ( ; ga, Máire Pádraigín Mhic Ghiolla Íosa; ; born 27 June 1951) is an Irish activist lawyer and former politician who served as the eighth president of Ireland from November 1997 to November 2011. She is an academic ...
on 19 July 2010. Minister 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 Minister for Justice signed a commencement order for the Act on 23 December 2010. The Act came into force on 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 Act 2010'' was passed by the Dáil on 14 December and the Seanad on 17 December 2010.


Statistics

2,071 civil partnerships were registered in Ireland between 2011 and 2015. 1,298 of them had been between men and 773 had been between women.


End of civil partnerships

Following Ireland's legalisation of same-sex marriage in 2015, the ability to enter into a civil partnership was closed off. As of 16 November 2015, no further civil partnerships are granted in Ireland and existing civil partners only retain that status if they do not marry. Any civil partnership converted into a marriage is dissolved.


Same-sex marriage


Legal case

In November 2004,
Katherine Zappone Katherine Zappone (; born 25 November 1953) is an American-Irish independent politician who served as Minister for Children and Youth Affairs from May 2016 to June 2020. She was a Teachta Dála (TD) for the Dublin South-West constituency fro ...
and Ann Louise Gilligan were granted leave by the High Court of Ireland to pursue a claim to have their September 2003 Vancouver marriage recognised for the filing of joint tax returns in Ireland. The case was heard in October 2006. The judgment was delivered in December 2006 and found that the Irish Constitution had always meant for marriage to be between a man and a woman. The case was appealed to the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in February 2007. It came before the Supreme Court in 2012, although returned to the High Court to challenge different elements of law, specifically the ''Civil Registration Act 2004'' and the ''Civil Partnership Act 2010''.


Preparation for the referendum

The
Coalition Government A coalition government is a form of government in which political parties cooperate to form a government. The usual reason for such an arrangement is that no single party has achieved an absolute majority after an election, an atypical outcome in ...
, which took office in March 2011, convened a Constitutional Convention to discuss proposed amendments to the Constitution of Ireland, including plans to introduce
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
.Dáil debates Vol.728 No.3 p.5
22 March 2011
On 10 July 2012, the Dáil referred the issue of whether to make provision for same-sex marriage to the Constitutional Convention, to report back in a year. On 14 April 2013, the convention approved provisions allowing for same-sex marriage, to be discussed by the
Oireachtas The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of: *The President of Ireland *The two houses of the Oireachtas ( ga, Tithe an Oireachtais): ** Dáil Éireann ...
and be put to a public referendum. On 2 July 2013, the Constitutional Convention delivered the formal report to the Oireachtas, which had four months to respond. On 5 November 2013, it was announced that a referendum to legalise same-sex marriage would be held in the first half of 2015. On 1 July 2014, Taoiseach
Enda Kenny Enda Kenny (born 24 April 1951) is an Irish former Fine Gael politician who served as Taoiseach from 2011 to 2017, Leader of Fine Gael from 2002 to 2017, Minister for Defence from May to July 2014 and 2016 to 2017, Leader of the Opposition fro ...
announced that the same-sex marriage referendum would take place in spring 2015. The referendum was held on 22 May 2015. With the signing into law of the '' Children and Family Relationships Act 2015'' on 6 April 2015, same-sex couples have the ability to adopt stepchildren, as well as being able to obtain parental recognition in assisted reproduction methods. On 18 January 2016, key provisions of the law (including spouses, stepparents, civil partners and cohabiting partners being able to apply to become guardians of a child or for custody) went into effect, following the signing of a commencement order by the Minister for Justice and Equality, Frances Fitzgerald. Portions of the Act allowing for joint adoption, which never went into effect as no commencement order was signed, were repealed in 2017 after passage of the ''Adoption (Amendment) Act 2017'', which legalised joint adoption by married same-sex couples.


Marriage Equality referendum

The amendment to the Constitution was moved on 21 January 2015. The referendum proposed to add the following text to Article 41 of the Constitution: *Marriage may be contracted in accordance with law by two persons without distinction as to their sex. In March 2015, the Department of Justice and Equality published the general scheme of a new marriage bill. The bill set out the changes to be made to legislation if the proposed amendment was approved. These changes included removing the legislative bar on same-sex couples marrying (though the wording of the amendment is self-executing and designed to invalidate it irrespective of legislative delay), addressing the situation of civil partnerships, and updating terminology of existing legislation to reflect the new provision. The Marriage Equality referendum was held on 22 May 2015. With votes from all 43 constituencies counted, the 62.07% "yes" vote assured the passage of the referendum. In the aftermath of the result, Minister for Justice and Equality Frances Fitzgerald stated that legislation would be brought through the Oireachtas by summer (i.e. sometime in June or July 2015) to make same-sex marriage a reality. However, an unsuccessful legal challenge contesting the validity of the referendum delayed the legislation from going to
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
and the Oireachtas.


Marriage Act 2015

On 16 September 2015, following the High Court's rejection of the legal challenge contesting the validity of the referendum result, Fitzgerald brought a same-sex marriage bill before cabinet. A spokesperson for the Department of Justice and Equality stated that "the aim is to have the bill enacted as quickly as possible, subject to the legislative process, so that the first same-sex marriages can take place this year." Under the legislation, the first same-sex marriages would be those of couples who convert a notification of their intention to register a civil partnership into a notification of their intention to marry. The bill passed all stages of the legislative process in the Oireachtas on 22 October 2015. On 29 October 2015, the bill was signed into law by the Presidential Commission, thus becoming the ''Marriage Act 2015'' ( ga, An tAcht um Pósadh, 2015, ).


Commencement

Though most same-sex couples seeking to marry are required to give three months notice (as is the case for opposite-sex couples), same-sex couples already in a civil partnership were allowed to make use of a 5-day fast track provision in the legislation. As of 16 November 2015, same-sex couples who married abroad have their marriages recognised in Ireland. The first marriage ceremonies of same-sex couples occurred the following day, on 17 November 2015. The first couple to marry in Ireland were Richard Dowling and Cormac Gollogly on Tuesday, 17 November in
Clonmel Clonmel () is the county town and largest settlement of County Tipperary, Ireland. The town is noted in Irish history for its resistance to the Cromwellian army which sacked the towns of Drogheda and Wexford. With the exception of the townla ...
,
County Tipperary County Tipperary ( ga, Contae Thiobraid Árann) is a county in Ireland. It is in the province of Munster and the Southern Region. The county is named after the town of Tipperary, and was established in the early 13th century, shortly after ...
. The couple said they " erereally delighted to be able to do it and we are 12 years together so it was obviously the next move. Having a full marriage was important to us so now we can relax and get old together."


Subsequent changes

On 5 May 2016, the Minister for Children and Youth Affairs, James Reilly, announced that the Irish Government had approved the publication of a new adoption bill. The bill would amend the ''Adoption Act 2010'' and the ''Children and Family Relationships Act 2015'' and give legislative effect to the
Thirty-first Amendment of the Constitution of Ireland The Thirty-first Amendment of the Constitution (Children) Act 2012Although the act was not signed into law until 2015, its short title has 2012, as specified by section 2(2) of the act itself. (previously bill no. 78 of 2012) amended the Const ...
(the children referendum). The purposes of the bill were to allow children to be adopted by their foster carers, where they have cared for the child for at least 18 months, and to allow two people regardless of marital status to adopt children, thus granting married same-sex couples the right to adopt. The bill also allows for the adoption of a child by civil partners and cohabiting couples and gives children a greater say in the adoption process, among many other reforms to the adoption system. The bill passed the Dáil on 30 November 2016, and received approval by the Seanad on 13 June 2017. The bill was signed into law by President Michael D. Higgins on 19 July 2017, becoming the ''Adoption (Amendment) Act 2017''. The commencement order was signed by the Minister for Children and Youth Affairs,
Katherine Zappone Katherine Zappone (; born 25 November 1953) is an American-Irish independent politician who served as Minister for Children and Youth Affairs from May 2016 to June 2020. She was a Teachta Dála (TD) for the Dublin South-West constituency fro ...
, on 18 October 2017 and the law went into effect the following day. In January 2019, the Minister for Employment Affairs and Social Protection, Regina Doherty, announced that the government had published a bill to amend the ''Civil Registration Act 2004'' to allow lesbian couples who have had donor-assisted children to be automatically registered as their parents. Under the changes, parents may choose the labels "mother" and "father" or "parents", meaning that the non-biological mother would be able to legally register as a co-parent. Previously, only the biological mother could be named on the child's
birth certificate A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensui ...
. The legislation passed the Daíl in March 2019, and the Seanad in May 2019, and was signed into law by President Higgins on 23 May 2019. It came into effect that same day.


Statistics

91 same-sex marriages were performed between 16 November and 31 December 2015; 47 were between two men and 44 were between two women. A few days ahead of the anniversary of the Marriage Equality referendum on 22 May 2016, the
Department of Social Protection The Department of Social Protection ( ga, An Roinn Cosanta Sóisialta) is a department of the Government of Ireland, tasked with administering Ireland's social welfare system. It oversees the provision of income support and other social service ...
showed that 412 same-sex marriages had been performed in Ireland since November 2015, distributed by county as follows:
Dublin Dublin (; , or ) is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 ...
(213),
Cork Cork or CORK may refer to: Materials * Cork (material), an impermeable buoyant plant product ** Cork (plug), a cylindrical or conical object used to seal a container ***Wine cork Places Ireland * Cork (city) ** Metropolitan Cork, also known as G ...
(43),
Limerick Limerick ( ; ga, Luimneach ) is a western city in Ireland situated within County Limerick. It is in the province of Munster and is located in the Mid-West which comprises part of the Southern Region. With a population of 94,192 at the 2 ...
(25), Wicklow (17),
Galway Galway ( ; ga, Gaillimh, ) is a City status in Ireland, city in the West Region, Ireland, West of Ireland, in the Provinces of Ireland, province of Connacht, which is the county town of County Galway. It lies on the River Corrib between Lo ...
(14),
Donegal Donegal may refer to: County Donegal, Ireland * County Donegal, a county in the Republic of Ireland, part of the province of Ulster * Donegal (town), a town in County Donegal in Ulster, Ireland * Donegal Bay, an inlet in the northwest of Ireland b ...
, County Kildare, Kildare and County Wexford, Wexford (all three at 11), County Kerry, Kerry (9), County Louth, Louth (8), County Kilkenny, Kilkenny (7), County Offaly, Offaly (6), County Meath, Meath and County Waterford, Waterford (both at 5), County Cavan, Cavan, County Sligo, Sligo and County Tipperary, Tipperary (all three at 4), County Laois, Laois and County Mayo, Mayo (both at 3), County Longford, Longford, County Roscommon, Roscommon and County Westmeath, Westmeath (all three at 2), County Carlow, Carlow, County Leitrim, Leitrim and County Monaghan, Monaghan (all three at 1), and County Clare, Clare (0). 1,082 same-sex couples married in Ireland in the one year following the law's entry into force, averaging 21 same-sex weddings a week. 450 of these marriages were performed in Dublin, 93 in Cork, 56 in Wicklow and 48 in Kildare. The counties with the fewest same-sex marriages were Longford with two, followed by three in Roscommon and five in Leitrim. 1,056 same-sex marriages took place in 2016, the first full year when same-sex couples could get married; 606 were male unions and 450 were female unions. Figures for 2020 are much lower than previous years because of the restrictions in place due to the COVID-19 pandemic in the Republic of Ireland, COVID-19 pandemic.


Public debate

Following the decriminalisation of buggery in 1993, LGBT rights in the Republic of Ireland, LGBT rights was not a high-profile issue in Ireland. From 2001 however, Irish media increasingly covered international developments on the recognition of same-sex partnerships. This has included coverage of reports on the issue, legal cases taken by Irish same-sex couples, Surrogacy, 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 by the Government of the United Kingdom, British Government, which applies to Northern Ireland. Irish legislators began to comment publicly from 2003, some tentatively suggesting legislation, and some referring to Catholic Church, 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 same-sex couples, with a slim majority favouring marriage. The numbers in favour of Same-sex adoption, adoption by same-sex couples were lower but less clear. Some public and religious figures, including bishops in the Catholic Church in Ireland, Catholic Church, and in the Church of Ireland also proposed legal recognition in 2004, but in a form different from marriage. Existing and new gay organisations such as the
Gay and Lesbian Equality Network The Gay and Lesbian Equality Network (GLEN) was an Irish LGBT rights group based in Dublin, Ireland. It was founded in 1988 by Don Donnelly, Charles Kerrigan, Suzy Byrne, Kieran Rose and Christopher Robson. It focused on achieving change in le ...
, ''GLUE'' magazine and LGBT Noise began specifically campaigning for recognition in 2006. At the 2002 Irish general election, 2002 general election, only the manifestos of the
Green Party A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence. Greens believe that these issues are inherently related to one another as a foundation f ...
and the Labour Party explicitly referred to the rights of same-sex couples, but from 2004 all political parties, including the Government of the 29th Dáil, Fianna Fáil/Progressive Democrat Government, produced policies 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 Sinn Féin ( , ; en, " eOurselves") is an Irish republican and democratic socialist political party active throughout both the Republic of Ireland and Northern Ireland. The original Sinn Féin organisation was founded in 1905 by Arthur Gr ...
and the Green Party supporting civil marriage. All parties ran advertisements in the ''Gay Community News (Dublin), Gay Community News'' with commitments to same-sex couples. In 2012, Sinn Féin sought to provide opportunities to bring same-sex marriage to the fore by introducing motions of support at the city and county council level. As of November 2013, all parties in the Dáil support same-sex marriage: the Labour Party, the Green Party, the Socialist Party (Ireland), Socialist Party, Sinn Féin,
Fianna Fáil Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil – The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil – An Páirtí Poblachtánach), is a conservative and Christia ...
, and Fine Gael.


Polling

A survey carried out in 2008 showed that 84% of Irish people supported civil marriage or civil partnerships for same-sex couples, with 58% (up from 51%) supporting full marriage rights in registry offices. The number who believed same-sex couples should only be allowed to have civil partnerships fell in the same period, from 33% to 26%. A public survey in October 2008 revealed that 62% of adults would vote "yes" in a referendum to extend civil marriage to same-sex couples. A breakdown of the results showed that support was 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 believed same-sex couples should be able to adopt, falling to 33% among the over-50s. A total of 54% believed the definition of the family unit in the Irish Constitution should be changed to include same-sex families. 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. In September 2010, a survey by ''
The Irish Times ''The Irish Times'' is an Irish daily broadsheet newspaper and online digital publication. It launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is considered a newspaper ...
''/Behaviour Attitudes of 1,006 people showed that 67% of respondents felt same-sex couples should be allowed to marry. This majority extended across all age groups, with the exception of the over-65s, and 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 and 38% opposed; however, a majority of women, 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 Coming out, came out as homosexual, while 60% felt the recent civil partnership legislation was not an attack on marriage. A poll in March 2011 conducted by ''The Sunday Times''/RED C showed that 73% of people supported allowing same-sex marriage, with 53% "agreeing strongly" with the idea, and 60% felt that same-sex couples should be allowed to adopt children. A poll in January 2012 conducted by RED C for the Department of Public Expenditure and Reform showed that 73% of voters supported the idea of same-sex marriages being recognised in the Irish Constitution, and a late 2012 poll by Millward Brown Lansdowne showed that 75% of respondents would vote in favour of extending marriage to same-sex couples. A poll in November 2013 by RED C for Paddy Power showed that 76% of voters intended to support the introduction of same-sex marriage in any referendum, with 18% opposed and 6% undecided (with the undecideds excluded, the ratio was 81% support and 19% against). Support was highest among women (85%), those under 44 (87%), Labour supporters (96%) and those living in
Dublin Dublin (; , or ) is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 ...
and commuter counties (83%). A February 2014 poll by RED C for RTÉ's ''Prime Time (Irish TV programme), Prime Time'' and the ''Business Post'' showed that 76% of voters would vote "yes" to the introduction of same-sex marriage in any referendum. A poll conducted two months later by ''The Irish Times'' and Ipsos, Ipsos MRBI found that 67% of respondents would vote in favour of same-sex marriage and 21% against, with 12% undecided. When the undecided were excluded, 76% were in favour and 24% against. The 2015 Eurobarometer found that 80% of Irish people thought same-sex marriage should be allowed throughout Europe, whilst 15% were against. A Pew Research Center poll, conducted between April and August 2017 and published in May 2018, showed that 66% of Irish people supported same-sex marriage, 27% were opposed and 7% did not know or refused to answer. When divided by religion, 87% of religiously unaffiliated people, 80% of non-practicing Christians and 43% of church-attending Christians supported same-sex marriage. Opposition was 20% among 18–34-year-olds. The 2019 Eurobarometer found that 79% of Irish people thought same-sex marriage should be allowed throughout Europe, whilst 13% were against. ;Notes: Support is strongest among younger voters. Sinn Féin and Labour voters are somewhat more in favour than Fine Gael and Fianna Fáil voters. Among those intending to vote "yes" in January 2015, 33/77 had "some reservations about same-sex marriage", and 29/77 had "some reservations about adoption by gay couples". A poll conducted a week before the referendum by ''The Irish Times'' showed that women supported same-sex marriage more than men.58 per cent say they will vote for Irish same sex marriage 25 per cent oppose
Irish Central, 16 May 2015


See also

*LGBT rights in the Republic of Ireland *LGBT history in Ireland *Recognition of same-sex unions in Europe * He never married


References


External links

*
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
''Office of the Houses of the Oireachtas'' *
MarriagEquality
website of the campaign group for same-sex marriage {{good article Same-sex marriage in the Republic of Ireland, 2015 in LGBT history 2015 in the Republic of Ireland LGBT law in Ireland