Thirty-fourth Amendment of the Constitution of Ireland
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The Thirty-fourth Amendment of the Constitution (Marriage Equality) Act 2015 (previously
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
no. 5 of 2015) amended the
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
to permit marriage to be contracted by two persons without distinction as to their sex. Prior to the enactment, the Constitution was assumed to contain an implicit prohibition on
same-sex marriage in the Republic of Ireland Same-sex marriage in Ireland has been legal since 16 November 2015. A referendum on 22 May 2015 amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners. The measure was signed into la ...
. It was approved at a referendum on 22 May 2015 by 62% of voters on a turnout of 61%. This was the first time that a state legalised
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
through a popular vote. Two legal challenges regarding the conduct of the referendum were dismissed on 30 July by the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
, and the bill was signed into law by the
President of Ireland The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces. The president holds office for seven years, and can ...
on 29 August. An amendment to the
Marriage Act 2015 The Marriage Act 2015 (No. 35 of 2015; previously bill No. 78 of 2015) is an act of the Oireachtas which provides for same-sex marriage in Ireland. The act gives legislative effect in statute law to the Thirty-fourth Amendment of the Constitutio ...
provided for marriages permitted by the new constitutional status. The act came into force on 16 November 2015; the first same-sex marriage ceremony was held on 17 November 2015.


Changes to the text

The amendment inserted a new section 4 to Article 41 of the Constitution. The English text reads: The Irish text reads: The text in Irish and English is intended to have the same meaning; in the event of a conflict, the Irish version takes precedence.


Original Irish wording

The Irish text of the amendment as introduced was: Journalist Bruce Arnold argued against the bill in two articles in ''
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 ...
'', one of which focused on alleged issues with the Irish text. Arnold argued that the Irish text describes ''only'' same-sex couples, thus rendering opposite-sex marriage illegal. Government sources pointed out the words impugned by Arnold ( and ) are already used with similar intent elsewhere in the constitution. Counterpoints from legal academics were that Arnold's
strict constructionist In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts such interpretation only to the exact wording of the law (namely the Constitution). Strict sense of the term ...
interpretation would be trumped by the
doctrine of absurdity Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meani ...
, and that failure to mention opposite-sex marriage would not make it illegal. Some argued that the Irish text should nevertheless be changed to remove all doubts. Enda Kenny announced on 10 March 2015 that such a change would be made. Frances Fitzgerald moved the amendment in the Dáil the following day.


Background

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 from ...
and
Ann Louise Gilligan Ann Louise Gilligan (27 July 1945 – 15 June 2017) was an Irish theologian who taught at Saint Patrick's College, Drumcondra (part of Dublin City University). A former nun, she was the wife of Katherine Zappone. In '' Zappone and Gilligan v. ...
lost a case in the High Court in 2006 for the recognition by Ireland of their Canadian same-sex marriage. 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 lo ...
instituted
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 ...
in Irish law. After the 2011 general election, the
Fine Gael Fine Gael (, ; English: "Family (or Tribe) of the Irish") is a liberal-conservative and Christian-democratic political party in Ireland. Fine Gael is currently the third-largest party in the Republic of Ireland in terms of members of Dáil ...
and
Labour Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
parties formed a coalition government, whose programme included the establishment of a Constitutional Convention to examine potential changes on specified issues, including "Provision for the legalisation of same-sex marriage". The Convention considered the issue in May 2013 and voted to recommend that the state should be required, rather than merely permitted, to allow for same-sex marriage. Its report was formally submitted in July and the government formally responded in December, when
Taoiseach The Taoiseach is the head of government, or prime minister, of Republic of Ireland, 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 legisl ...
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 from ...
said a referendum would be held "no later than mid-2015". All amendments to the
Irish constitution 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 traditio ...
must be approved by the people in a referendum before becoming law. Some legal academics claimed that extending marriage to same-sex couples did not require a constitutional amendment and could have been accomplished by an ordinary
Act of the Oireachtas The law of Ireland consists of constitutional, statute, and common law. The highest law in the State is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system with a written const ...
. Then-minister Shatter disagreed in November 2013, stating that there was "ample
case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...
" to the effect that "marriage is understood as being between one man and one woman". In January 2015, the wording of the proposed amendment was agreed at a special cabinet meeting and published in the press, and the bill was formally introduced in the Dáil by the Minister for Justice and Equality, Frances Fitzgerald. A separate
Children and Family Relationships Act 2015 The Children and Family Relationships Act 2015 (Act No. 9 of 2015, bill no. 14 of 2015) amended family law in Ireland to extend parental rights and responsibilities to non-traditional families. It simplifies adoption rights for the spouse or ci ...
was passed in April 2015. This included adoption rights for same-sex couples – prior to the passing of the Act, single gay or lesbian people, or one of the partners in a same-sex couple could adopt, but joint adoption by both partners was not possible. The general scheme of this bill was published for consultation in January 2014, and in 2015 it was passed by the Dáil on 12 March and the Seanad on 30 March, and
signed into law A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature as well as, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an '' ...
on 6 April. the legislation has only partially been commenced.


Referendum

Two referendums were held on 22 May 2015, on the marriage bill and another constitutional amendment, to reduce the age of candidacy for the presidency. Referendums need a simple majority of the votes cast to pass. A Dáil by-election in Carlow–Kilkenny was held on the same day. According to the
Referendum Commission A Referendum Commission ( ga, An Coimisiún Reifrinn) is an independent statutory body in Ireland which is set up in advance of any referendum. The Referendum Act 1998 as amended by the Referendum Act 2001 provides for the establishment of the bod ...
, if the referendum is passed: * Two people of the opposite sex or of the same sex will be able to marry each other. * The other detailed rules about who may marry will continue to be set out in legislation. * The Constitutional status of marriage will remain unchanged. * A marriage between two people of the same sex will have the same status under the Constitution as a marriage between a man and a woman. * Married couples of the opposite sex or of the same sex will be recognised as a family and be entitled to the Constitutional protection for families.


Debate


Oireachtas debate

The Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015 was debated in the Dáil on 10 and 11 March 2015. Several deputies from different parties spoke in favour. The only speaker to oppose it was independent TD Mattie McGrath; it was passed without a
division Division or divider may refer to: Mathematics *Division (mathematics), the inverse of multiplication *Division algorithm, a method for computing the result of mathematical division Military *Division (military), a formation typically consisting ...
(i.e., by voice vote). It was then debated in the Seanad on 25 and 27 March. Votes were held on a number of proposed amendments, all of which were defeated, and the Bill was finally passed by 29 votes to three. Among those speaking in favour was Katherine Zappone, who was a
Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
at the time. Those who voted against were Senators Rónán Mullen, Jim Walsh and
Feargal Quinn Feargal Quinn (27 November 1936 – 24 April 2019) was an Irish businessman, politician and television personality. He founded the Superquinn supermarket chain and served as a Senator for the National University constituency from 1993 to 2016. ...
; the opposition amendments were also supported by Senator
Fidelma Healy Eames Fidelma Healy Eames (born 14 July 1962) is a former Irish politician and former member of Seanad Éireann. She was first elected to the Senate in 2007 by the Labour Panel. As a member of the Reform Alliance group, she sat as an independent se ...
.


Organisations


Political parties

All four main parties in the Dáil supported the bill: the governing Fine Gael and Labour, and the opposition
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 Christian- ...
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 Gri ...
. Members 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 ...
,
Anti-Austerity Alliance Solidarity ( ga, Neart le Chéile), formerly known as the Anti-Austerity Alliance (AAA), is a socialist political party in Ireland, launched in 2014. It had been registered as a political party to contest local elections, and ran at least forty c ...
,
People Before Profit Alliance People Before Profit ( ga, Pobal Roimh Bhrabús, PBP) is a left-wing to far-left Trotskyist political party formed in October 2005. It is active in both the Republic of Ireland and Northern Ireland. History PBP was established in 2005 as ...
,
Workers' Party of Ireland The Workers' Party ( ga, Páirtí na nOibrithe) is a Marxist–Leninist political party active in both the Republic of Ireland and Northern Ireland. It arose as the original Sinn Féin organisation founded in 1905 by Arthur Griffith, but took ...
and independents are also on record in support of the amendment. "Yes Equality" was an umbrella campaign by
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
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 Mary ...
and Marriage Equality.


Religious bodies

Religious bodies in Ireland officially adopted stances that were either neutral or opposed to the referendum. The
Irish Catholic Bishops' Conference The Irish Catholic Bishops' Conference ( ga, Comhdháil Easpag Caitliceach Éireann) is the episcopal conference of the Roman Catholic bishops in Ireland. The conference meets a number of times a year in Maynooth which is the location of St Patr ...
is opposed to same-sex marriage, and has distributed a booklet to all parishes. In February 2015, the
Methodist Church in Ireland The Methodist Church in Ireland ( Ulster-Scots: ''Methody Kirk in Airlann'', ) is a Wesleyan Methodist church that operates across both Northern Ireland and the Republic of Ireland on an all-Ireland basis. It is the fourth-largest Christian denom ...
issued a statement supporting the traditional view of marriage as being between a man and woman. In April 2015, a cross-denominational group issued a leaflet urging a No vote. Two bishops (one
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
and one
Church of Ireland The Church of Ireland ( ga, Eaglais na hÉireann, ; sco, label= Ulster-Scots, Kirk o Airlann, ) is a Christian church in Ireland and an autonomous province of the Anglican Communion. It is organised on an all-Ireland basis and is the second ...
), and ministers and lay members of the Methodist, Presbyterian and the various Pentecostal churches signed and distributed the leaflet. On 22 April 2015, the leaders of the
Presbyterian Church in Ireland The Presbyterian Church in Ireland (PCI; ga, Eaglais Phreispitéireach in Éirinn; Ulster-Scots: ''Prisbytairin Kirk in Airlann'') is the largest Presbyterian denomination in the Republic of Ireland, and the largest Protestant denomination in ...
issued a statement advocating a no vote, saying "the change proposed in the same-sex marriage referendum denies the rights of children and the natural responsibilities of a father and a mother in nurturing them". The
Iona Institute The Iona Institute is a socially conservative, Christian, advocacy group, frequently described as a Catholic pressure group based in Ireland. Founded by columnist David Quinn, it was launched publicly in 2007. Iona promotes conservative Christ ...
, a mainly-Catholic religious think tank, also opposed the amendment. However, in February 2015, the
Church of Ireland The Church of Ireland ( ga, Eaglais na hÉireann, ; sco, label= Ulster-Scots, Kirk o Airlann, ) is a Christian church in Ireland and an autonomous province of the Anglican Communion. It is organised on an all-Ireland basis and is the second ...
announced that it was not taking a stance on the referendum, but was urging its members to vote according to their conscience. Two Church of Ireland bishops called for a Yes vote. As early as May 2014, Dr
Paul Colton William Paul Colton (born 13 March 1960), known as Paul Colton, is an Irish Anglican bishop. Since 1999, he has served as Bishop of Cork, Cloyne and Ross in the Church of Ireland. Biography Paul Colton attended St Luke's National School, Doug ...
, Church of Ireland
Bishop of Cork, Cloyne and Ross The Bishop of Cork, Cloyne and Ross is the Church of Ireland Ordinary of the united Diocese of Cork, Cloyne and Ross in the Province of Dublin. The current bishop is the Right Reverend Paul Colton William Paul Colton (born 13 March 1960) ...
, had signalled his support for a yes vote. Similarly, the Islamic Centre in Ireland issued a statement on 17 April stating that "As Muslims we must believe in equality and inclusiveness. People should not be discriminated for any reason. It is important to humanise people and not to de humanise. The Islamic tradition teaches to hate the sin but not the sinner. The attitude of some Muslims towards homosexuals is incompatible with the spirit of mercy and kindness in Islam. The Irish constitution guarantees all Irish citizens the freedom of conscience and Muslims must exercise this right when voting on 22nd May 2015." A petition initiated by a number of religious groups including the
Islamic Cultural Centre of Ireland The Islamic Cultural Centre of Ireland (ICCI; Irish: ''Ionad Cultúrtha Ioslamach na hÉireann'') is an Islamic complex, including a mosque, in Clonskeagh, Dublin, Ireland. It is funded by the al-Maktoum Foundation of Dubai and has a Sunni ori ...
, the
Irish Council of Imams The Irish Council of Imams is an umbrella organization for most Islamic establishments in Ireland. Its formation was announced in a press release on 15 September 2006. It represents 35 imams in Ireland, of both the Sunni and Shia denominations, ...
, and the Galway branch of the Reformed Presbyterian Church on 15 April called for a "conscience clause", which would allow individuals and businesses to discriminate against same-sex couples in the provision of goods and services. In response, Taoiseach Enda Kenny said: "The Government has made its decision very clear here in respect to the question that the people will be asked on the 22nd of May. That question of course is to give their approval, if they see fit and I hope they do, to allow for marriage in civil law irrespective of sexual orientation."
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 Expenditu ...
said "The one issue at the core of this referendum is equality under the Constitution and anything else is extraneous." However, some religious-affiliated groups were in favour of the referendum. In January 2015, the Church of Ireland LGBT group ''Changing Attitude Ireland'' welcomed the publication of the wording of the Marriage Equality Referendum. Richard O’Leary, the organisation's chair, said that marriage should be "available to couples without distinction as to their sex", just as civil marriage "may be contracted by two persons without distinction as to their race or religion". On 7 May, at a ''Changing Attitude Ireland'' event, former
Archdeacon of Dublin The Archdeacon of Dublin is a senior ecclesiastical officer within the Anglican Diocese of Dublin and Glendalough. The Archdeacon is responsible for the disciplinary supervision of the clergy within the Dublin part of the diocese, which is by far ...
,
Gordon Linney Gordon Charles Scott Linney is an Irish Anglican priest: he was Archdeacon of Dublin from 1988 to 2004. Linney was born in 1939 and ordained in 1970. He was a curate at Agherton and then a Minor canon at Down Cathedral. Later he held incumbe ...
said "We are being given an opportunity on May 22 finally to show the gay community that we value them for who they are. We welcome them as they are fully into society and so give them the recognition they are entitled to and that those who are in stable relationships and wish to marry should be allowed to do so. Marriage is a civil contract. No church will be forced to solemnise any union it does not approve of."


Business opinion

Many business groups advocated for the passing of the referendum. On 16 April, ''Business for Yes Equality'' launched, with high-profile companies such as Twitter, eBay, PayPal and 150 Irish-based international and local companies joining. Stephen McIntyre, MD of Twitter in Ireland, said "As I see it, this case has three key elements. First, people perform better in the long run when they can be themselves. Second, talent is attracted to organisations which demonstrate an appreciation for diversity, inclusiveness and equality. Finally, Ireland’s international reputation as a good place to do business will be enhanced by a Yes vote." Martin Shanahan, the head of
IDA Ireland Industrial Development Agency (IDA Ireland) ( ga, An Ghníomhaireacht Forbartha Tionscail) is the agency responsible for the attraction and retention of inward foreign direct investment (FDI) into Ireland. The agency was founded in 1949 as the ...
, the Industrial Development Authority, called for a Yes vote on 1 May, saying "A Yes vote on May 22 would tell the business world that Ireland is open, inclusive and welcomes diversity and that would be a very positive message to be sending internationally." He also said he believed that a No vote would send a negative signal to international businesses. Also on 1 May, the
Irish Congress of Trade Unions The Irish Congress of Trade Unions (often abbreviated to just Congress or ICTU), formed in 1959 by the merger of the Irish Trades Union Congress (founded in 1894) and the Congress of Irish Unions (founded in 1945), is a national trade union centr ...
announced its support for the Yes campaign with the launch of its "Trade unions for civil marriage equality" campaign. Other trade unions and staff representative associations supporting a Yes vote included the Garda Representative Association, Mandate, and Ireland's largest trade union
SIPTU SIPTU (; ''Services, Industrial, Professional and Technical Union''; ga, An Ceardchumann Seirbhísí, Tionsclaíoch, Gairmiúil agus Teicniúil) is Ireland's largest trade union, with around 200,000 members. Most of these members are in the Rep ...
. On 7 May,
eBay eBay Inc. ( ) is an American multinational e-commerce company based in San Jose, California, that facilitates consumer-to-consumer and business-to-consumer sales through its website. eBay was founded by Pierre Omidyar in 1995 and became a ...
CEO
John Donahoe John Joseph Donahoe II (born April 30, 1960) is an American businessman who is the CEO of Nike. Early in his career he worked for Bain & Company, becoming the firm's president and CEO in 1999. He is on the board of directors at Nike, The Bridgesp ...
announced that the company was backing a Yes vote. Donahoe said that its position on equality issues such as same-sex marriage, in addition to being "the right thing to do", also helps the company attract, retain and develop the right people.


Other organisations

Other prominent groups to support the referendum included a coalition of Ireland's main children's charities called "BeLonG To Yes". Constituent organisations include the
ISPCC The ISPCC (ISPCC) is a charity in Ireland dedicated to enhancing the lives of children and young people. It provides a range of services to children and families in Ireland, and promotes children's rights. The ISPCC is best known for its free c ...
, Barnardos, Foróige, Youth Work Ireland, the Migrant Rights Centre, Headstrong, Yes Equality, the Children's Rights Alliance,
Pavee Point Pavee Point (PP) is a government-funded non-governmental organisation based in Dublin, Ireland that was formed to improve the human rights of Irish Travellers and to bridge the economic and social inequalities between Travellers and settled peopl ...
, EPIC and the National Youth Council of Ireland. Speaking at the launch,
Fergus Finlay Fergus Finlay (born 1 June 1950) is the former Chief Executive of the charity Barnardos in Ireland, leaving the post in 2018. He was a senior member of the Irish Labour Party and is also a weekly columnist with the '' Irish Examiner'' and the autho ...
said they had come together to call for a Yes vote in part because groups within the No campaign were "using children as pawns" and that every time he saw a poster calling for a No vote because "every child deserves a mother and father", he saw "a sickening insult to the thousands of lone parents and children who love and care for each other in Ireland. The message is exploitative, hurtful and dishonest. What every child deserves is love, respect, safety. That can come from two parents of either sex, two parents of the same-sex, or a single parent." The
Union of Students in Ireland The Union of Students in Ireland (USI) ( ga, Aontas na Mac Léinn in Éirinn) is the national representative body for third-level students' unions in Ireland. Founded in 1959, USI represents more than 374,000 students in over forty colleges acr ...
, then led by
Laura Harmon Laura Harmon (born 26 November 1986) is an Irish LGBT and women's rights campaigner and candidate for Cork City Council for the 2024 local elections. She previously contested the Seanad NUI Panel elections in 2020 and 2016. She is a former presi ...
, launched its "Students for Marriage Equality" campaign in January together with its dedicated website
voteforlove.ie
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
launched their "Let's Make History" campaign for marriage equality on 22 March 2015 to thousands of people outside the historic
General Post Office, Dublin The General Post Office (GPO; ga, Ard-Oifig an Phoist) is the headquarters of An Post — the Irish Post Office. It is the principal post office of Dublin — the capital city of Ireland — and is situated in the centre of O'Connell Street, t ...
. Speakers included
Colm O'Gorman Colm O'Gorman (born 15 July 1966) is the executive director of Amnesty International Ireland. He is founder and former director of One in Four. He is a survivor of clerical sexual abuse, and first came to public attention by speaking out agai ...
,
Pat Carey Pat Carey (born 9 November 1947) is a former Irish Fianna Fáil politician. He was a Teachta Dála (TD) for the Dublin North-West constituency from 1997 to 2011. He served as the Minister for Community, Equality and Gaeltacht Affairs from 201 ...
,
Sabina Brennan Sabina Brennan is an Irish neuroscientist, psychologist, and former television actress. She is currently an adjunct assistant professor working at Trinity College Dublin. Early life and family Brennan is the youngest of five children. Her fat ...
, Gavin Brennan and Grace Dyas. On 5 May, the "Yes for Health" campaign was launched by Liam Doran, general secretary of the Irish Nurses and Midwives Organisation and Kieran Ryan, CEO of the
Irish College of General Practitioners The Irish College of General Practitioners or ICGP is the recognised national professional body for general practice training in Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-west ...
. Speaking at the launch,
Minister for Health A health minister is the member of a country's government typically responsible for protecting and promoting public health and providing welfare and other social security services. Some governments have separate ministers for mental health. Coun ...
Leo Varadkar Leo Eric Varadkar ( ; born 18 January 1979) is an Irish politician who has served as Taoiseach since December 2022, and previously from 2017 to 2020. He served as Tánaiste and Minister for Enterprise, Trade and Employment from June 2020 to De ...
said that a No vote would be a "big step backwards" for the country, and that it would have an adverse effect on the mental health of members of the LGBT community. The following day, the
National Women's Council of Ireland The National Women's Council of Ireland (NWCI) is a representative organisation for women and women's groups in Ireland. It was originally known as the Council for the Status of Women. Policies The mission of the NWCI is to achieve women's equa ...
and launched their 'Yes' campaign. The launch was attended by representatives of various groups, including the Irish Feminist Network, Digi Women and the Association of Childcare Professionals. On 7 May, the
Law Society of Ireland The Law Society of Ireland ( ga, Dlí-Chumann na hÉireann) is a professional body established on 24 June 1830 and is the educational, representative and regulatory body of the solicitors' profession in Ireland. As of 2020, the Law Society had ...
announced its support for a Yes vote. Ken Murphy, the society's Director General, said that the society was taking a public stance because marriage equality was an issue of fundamental human rights. The decision followed a report from the society's human rights committee, which found that there were 160 ways in which civil partnership, compared to civil marriage, was the lesser of the two unions. Some groups were also formed in opposition to the referendum. On 18 April, Mothers and Fathers Matter, formed in 2014 to oppose the Children and Family Relationships Bill, launched its No campaign. First Families First, a group of three people headed by children's and disabilities campaigner
Kathy Sinnott Kathy Sinnott (; born 29 September 1950) is a disability rights activist and politician who served as a Member of the European Parliament (MEP) for the South constituency from 2004 to 2009. Early life Sinnott was born in Chicago, Illinois, in ...
, and fathers rights campaigner
John Waters John Samuel Waters Jr. (born April 22, 1946) is an American filmmaker, writer, actor, and artist. He rose to fame in the early 1970s for his Cinema of Transgression, transgressive cult films, including ''Multiple Maniacs'' (1970), ''Pink Flamin ...
launched its campaign for a No vote on 1 May. On 7 May, a group called ''StandUp4Marriage'' launched. Its founder, Senator Jim Walsh said the launch was sparsely attended because people who want to vote no are afraid to speak out. ''Mandate for Marriage'' was established in March 2015. It advocated a no vote.


Oversight bodies

The following organisations registered as "approved bodies" to monitor
postal voting Postal voting is voting in an election where ballot papers are distributed to electors (and typically returned) by Mail, post, in contrast to electors voting in person at a polling place, polling station or electronically via an electronic voti ...
and vote counting: Comhar Críostaí, Marriage Equality, Yes Equality Cork, Green Party, Mothers & Fathers Matter, Fianna Fáil, Labour Party, BeLonG to Youth Services, Irish Council for Civil Liberties, GLEN Campaign for Marriage, National LGBT Federation, Sinn Féin, and Fine Gael.


Broadcasting

Broadcasters are legally required to cover referendum campaigns in a balanced manner. Several complaints were made to the
Broadcasting Authority of Ireland The Broadcasting Authority of Ireland (BAI) ( ga, Údarás Craolacháin na hÉireann) was established on 1 October 2009 effectively replacing the Broadcasting Commission of Ireland (BCI) ( ga, Coimisiún Craolacháin na hÉireann). The BAI is ...
(BAI) that programmes and presenters had unfairly favoured the Yes side. The BAI rejected these in its October 2015 report.


Opinion polls


Notes

A 2014 poll showed that support was strongest among younger voters, and that Sinn Féin and Labour voters were somewhat more in favour than Fine Gael and Fianna Fáil.


Result

Counting began at 09:00 IST on 23 May (08:00 UTC). Early tallies quickly began to indicate a victory for the ''Yes'' campaign, with Minister of State
Aodhán Ó Ríordáin Aodhán Ó Ríordáin (; born 22 July 1976) is an Irish Labour Party politician who has been a Teachta Dála (TD) for the Dublin Bay North constituency since the 2020 general election, and previously from 2011 to 2016 for the Dublin North-Ce ...
declaring a "landslide" victory across Dublin only 8 minutes into counting. Key figures in the ''No'' campaign, including David Quinn began conceding defeat as early as 10:00, long ahead of any constituencies declaring their final count. Urban regions generally recorded higher approval ratings for the change. The highest ''Yes'' percentages were recorded in
County Dublin "Action to match our speech" , image_map = Island_of_Ireland_location_map_Dublin.svg , map_alt = map showing County Dublin as a small area of darker green on the east coast within the lighter green background of ...
with the all of the top ten by ''Yes'' vote percentage being in the city and county (with a total yes vote of 71% for the region), and all of the top 15 located in the
Greater Dublin Area The Greater Dublin Area (GDA; Irish: ''Mórcheantar Bhaile Átha Cliath''), or simply Greater Dublin, is an informal term that is taken to include the city of Dublin and its hinterland, with varying definitions as to its extent. As of 2022, its e ...
.
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 ...
's urban constituencies also ranked above the national average, as did
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 2016 ...
city. Although the
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 ...
constituencies had been expected to return a No vote, — and indeed, of all constituencies reporting a majority Yes vote, the lowest margin was recorded in Donegal South-West, where a Yes vote was carried by a margin of only 33 votes — Roscommon–South Leitrim was the only constituency to return a majority ''No'' vote.


National result

The national results were as follows:


Constituency results


Reactions


Domestic

Dublin Castle Dublin Castle ( ga, Caisleán Bhaile Átha Cliath) is a former Motte-and-bailey castle and current Irish government complex and conference centre. It was chosen for its position at the highest point of central Dublin. Until 1922 it was the se ...
, where the result of referendum was officially announced, was opened to the public for the duration of the count, with numbers limited to 2,000 at any one time. A carnival atmosphere prevailed all day after early count tallies indicated that the result would be a Yes. Celebrations and street parties took place at many venues in cities around Ireland, with Dublin celebrations centred between gay venues
Panti Rory O'Neill (born 16 November 1968), also known by his stage names Panti, Panti Bliss and Pandora Panti Bliss, is a drag queen and gay rights activist from Ballinrobe, County Mayo, Ireland. Early life O'Neill, the son of a veterinary surgeo ...
bar and The George, and Dublin Castle.
Taoiseach The Taoiseach is the head of government, or prime minister, of Republic of Ireland, 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 legisl ...
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 from ...
said "With today's Yes vote we have disclosed who we are – a generous, compassionate, bold and joyful people. The referendum was about inclusiveness and equality, about love and commitment being enshrined in the constitution. The people have spoken. They have said yes. Ireland – thank you."
Tánaiste The Tánaiste ( , ) is the deputy head of the government of Ireland and thus holder of its second-most senior office. The Tánaiste is appointed by the President of Ireland on the advice of the Taoiseach. The current office holder is former Taoi ...
Joan Burton Joan Burton (born 1 February 1949) is a former Irish Labour Party politician who served as Tánaiste and Leader of the Labour Party from 2014 to 2016, Minister for Social Protection from 2011 to 2016, Deputy Leader of the Labour Party from 2 ...
described Ireland as a "rainbow nation" and said "In Ireland, we are known as a nation of storytellers and today, the people have told quite some story. Together, the people of Ireland have struck a massive blow against discrimination as we extend the right of marriage to all our citizens."
Leo Varadkar Leo Eric Varadkar ( ; born 18 January 1979) is an Irish politician who has served as Taoiseach since December 2022, and previously from 2017 to 2020. He served as Tánaiste and Minister for Enterprise, Trade and Employment from June 2020 to De ...
,
Minister for Health A health minister is the member of a country's government typically responsible for protecting and promoting public health and providing welfare and other social security services. Some governments have separate ministers for mental health. Coun ...
and Ireland's first openly gay cabinet minister, said "It is a historic day for Ireland. We are the first country in the world to enshrine marriage equality in our constitution and to do it through popular mandate. That makes us a beacon of equality and liberty to the rest of the world, so it's a very proud day for the Irish people."
Micheál Martin Micheál Martin (; born 1 August 1960) is an Irish Fianna Fáil politician who is serving as Tánaiste, Minister for Foreign Affairs (Ireland), Minister for Foreign Affairs and Minister for Defence (Ireland), Minister for Defence since Decembe ...
,
Fianna Fáil leader ''Fianna'' ( , ; singular ''Fian''; gd, Fèinne ) were small warrior-hunter bands in Gaelic Ireland during the Iron Age and early Middle Ages. A ''fian'' was made up of freeborn young males, often aristocrats, "who had left fosterage but had ...
and
Leader of the Opposition The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...
, who supported the amendment, said "there is something in the DNA of Irish people that reacts to inequality", adding "It is something that Irish people do not accept historically and I believe this ballot is a vote in favour of a more inclusive, equal and just society." However, Senator
Averil Power Averil Power (born 26 July 1978) is an Irish former politician who served as a Senator for the Industrial and Commercial Panel from 2011 to 2016. She first held office as a member of Fianna Fáil, but left the party in 2015 and sat in the Seanad ...
resigned from Fianna Fáil after the referendum, alleging that many of its TDs and Senators had refused to canvass or leaflet for a Yes vote, and that its low profile in the Yes campaign was "cynical and cowardly". The leader of
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 Gri ...
,
Gerry Adams Gerard Adams ( ga, Gearóid Mac Ádhaimh; born 6 October 1948) is an Irish republican politician who was the president of Sinn Féin between 13 November 1983 and 10 February 2018, and served as a Teachta Dála (TD) for Louth from 2011 to 2020 ...
, said "We have a new era of equality and that is a good day for Ireland." Veteran gay and civil rights campaigner, Senator David Norris, who was one of the key figures in having homosexuality decriminalised, said "I think it's wonderful. It's a little bit late for me. As I said the other day, I’ve spent so much time pushing the boat out that I forgot to jump on and now it's out beyond the harbour on the high seas, but it's very nice to look at."
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 from ...
, the first openly lesbian member of the Oireachtas, proposed remarrying her wife on air. Diarmuid Martin, the
Roman Catholic Archbishop of Dublin The Archbishop of Dublin ( ga, Ard-Easpag Bhaile Átha Cliath) is the head of the Archdiocese of Dublin in the Catholic Church, responsible for its spiritual and administrative needs. The office has existed since 1152, in succession to a regula ...
told
RTÉ (RTÉ) (; Irish language, Irish for "Radio & Television of Ireland") is the Public broadcaster, national broadcaster of Republic of Ireland, Ireland headquartered in Dublin. It both produces and broadcasts programmes on RTÉ Television, telev ...
that the church needed a "reality check." He said "I appreciate how gay and lesbian men and women feel on this day. That they feel this is something that is enriching the way they live. I think it is a social revolution." He added "I ask myself, most of these young people who voted yes are products of our Catholic school system for 12 years. I'm saying there's a big challenge there to see how we get across the message of the Church". The
Church of Ireland The Church of Ireland ( ga, Eaglais na hÉireann, ; sco, label= Ulster-Scots, Kirk o Airlann, ) is a Christian church in Ireland and an autonomous province of the Anglican Communion. It is organised on an all-Ireland basis and is the second ...
issued a statement indicating that it "defines marriage as between a man and a woman, and the result of this referendum does not alter this." The Archbishops and bishops also called for "a spirit of public generosity, both from those for whom the result of the referendum represents triumph, and from those for whom it signifies disaster". The
Presbyterian Church in Ireland The Presbyterian Church in Ireland (PCI; ga, Eaglais Phreispitéireach in Éirinn; Ulster-Scots: ''Prisbytairin Kirk in Airlann'') is the largest Presbyterian denomination in the Republic of Ireland, and the largest Protestant denomination in ...
said it was "deeply disappointed and saddened that the Constitution will no longer reflect the historic – and Christian – view of marriage that it is exclusively between one man and one woman."


International

* Secretary General
Ban Ki-moon Ban Ki-moon (; ; born 13 June 1944) is a South Korean politician and diplomat who served as the eighth secretary-general of the United Nations between 2007 and 2016. Prior to his appointment as secretary-general, Ban was his country's Minister ...
, in Ireland to receive the
Tipperary International Peace Award Tipperary Town (; ) is a town and a civil parish in County Tipperary, Ireland. Its population was 4,979 at the 2016 census. It is also an ecclesiastical parish in the Roman Catholic Archdiocese of Cashel and Emly, and is in the historical baro ...
, described the referendum result as "truly historic" and said that "The result sends an important message to the world: All people are entitled to enjoy their human rights no matter who they are or whom they love." * – Australian supporters of
marriage equality Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
expressed the hope that "the result in Ireland would have a positive impact on the marriage equality debate in Australia", with
Opposition Leader The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...
Bill Shorten William Richard Shorten (born 12 May 1967) is an Australian politician currently serving as Minister for Government Services and Minister for the National Disability Insurance Scheme since 2022. He previously served as leader of the opposition a ...
asking "If the Irish people can vote in favour of marriage equality, the question has to be asked, what is Tony Abbott's problem with it?", but both Shorten and
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Tony Abbott Anthony John Abbott (; born 4 November 1957) is a former Australian politician who served as the 28th prime minister of Australia from 2013 to 2015. He held office as the leader of the Liberal Party of Australia. Abbott was born in Londo ...
agreed that the issue should be dealt with by the
Federal Parliament The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-gen ...
rather than by a referendum. Despite this initial position, the country ended up holding its own public vote in the
Australian Marriage Law Postal Survey The Australian Marriage Law Postal Survey was a national survey designed to gauge support for legalising same-sex marriage in Australia. The survey was held via the postal service between 12 September and 7 November 2017. Unlike voting in ...
, with Tiernan Brady playing a key role in the "Yes" campaign. * – Political leaders in Canada, which first recognized same-sex marriages in 2005, welcomed the result and congratulated the Irish people; including
Premier of Ontario The premier of Ontario (french: premier ministre de l'Ontario) is the head of government of Ontario. Under the Westminster system, the premier governs with the Confidence and supply, confidence of a majority the elected Legislative Assembly of On ...
Kathleen Wynne Kathleen O'Day Wynne ( ; born May 21, 1953) is a Canadian former politician who served as the 25th premier of Ontario and leader of the Ontario Liberal Party from 2013 to 2018. She was elected to the Legislative Assembly in 2003 and sat as the ...
, the first openly gay leader of a province in Canada, and federal Leader of the Official Opposition
Tom Mulcair Tom or TOM may refer to: * Tom (given name), a diminutive of Thomas or Tomás or an independent Aramaic given name (and a list of people with the name) Characters * Tom Anderson, a character in '' Beavis and Butt-Head'' * Tom Beck, a character ...
. * – German opposition parties called on
Chancellor Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
Angela Merkel Angela Dorothea Merkel (; ; born 17 July 1954) is a German former politician and scientist who served as Chancellor of Germany from 2005 to 2021. A member of the Christian Democratic Union (CDU), she previously served as Leader of the Oppo ...
's grand coalition government to legalise same-sex marriage.
Katrin Göring-Eckardt Katrin Dagmar Göring-Eckardt (born Katrin Dagmar Eckardt; 3 May 1966) is a German politician of the German Green Party (officially known as Alliance 90/The Greens). Starting her political activity in the now-former German Democratic Republic (E ...
, co-leader of the Greens in the
Bundestag The Bundestag (, "Federal Diet") is the German federal parliament. It is the only federal representative body that is directly elected by the German people. It is comparable to the United States House of Representatives or the House of Commons ...
, said "It's time, Frau Merkel", adding that the Irish vote was a "great signal: the same love deserves the same respect" and that she was confident that Germany would soon follow.
Jens Spahn Jens Georg Spahn (born 16 May 1980) is a German politician who served as Federal Minister of Health in the fourth cabinet of Chancellor Angela Merkel from 2018 to 2021. A member of the centre-right Christian Democratic Union (CDU), he has bee ...
, a
Roman Catholic Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
and the first openly gay member of the ruling council of Merkel's CDU party, said that "what the Catholic Irish can do, we can do, too". * –
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Matteo Renzi Matteo Renzi (; born 11 January 1975) is an Italian politician who served as prime minister of Italy from 2014 to 2016. He has been a senator for Florence since 2018. Renzi has served as the leader of Italia Viva (IV) since 2019, having been ...
was quoted by ''
La Repubblica ''la Repubblica'' (; the Republic) is an Italian daily general-interest newspaper. It was founded in 1976 in Rome by Gruppo Editoriale L'Espresso (now known as GEDI Gruppo Editoriale) and led by Eugenio Scalfari, Carlo Caracciolo and Arnoldo ...
'' as stating that debate on civil unions in Italy could no longer be put off in the wake of the Republic of Ireland's approval. Figures including
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...
leader Roberto Speranza and President of the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
Laura Boldrini Laura Boldrini, (; born 28 April 1961) is an Italian politician and former United Nations official, who served as President of the Chamber of Deputies of Italy. Previously she served as Spokesperson to the United Nations High Commissioner for ...
praised the Republic of Ireland's approval and called for Italy to follow. * –
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
David Cameron David William Donald Cameron (born 9 October 1966) is a British former politician who served as Prime Minister of the United Kingdom from 2010 to 2016 and Leader of the Conservative Party from 2005 to 2016. He previously served as Leader o ...
stated on his website 'My heartfelt congratulations to the people of Ireland, who have voted today to introduce same-sex marriage. Just over a year ago, we introduced same-sex civil marriage and sent out a clear message – you are equal whether you are straight or gay' The result was also praised by other politicians from across the political spectrum, including an
early day motion In the Westminster parliamentary system, an early day motion (EDM) is a Motion (parliamentary procedure), motion, expressed as a single sentence, Table (parliamentary procedure), tabled by Member of Parliament, members of Parliament that formally ...
in the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
signed by members from the
Conservative Party The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right. Political parties called The Conservative P ...
,
Scottish National Party The Scottish National Party (SNP; sco, Scots National Pairty, gd, Pàrtaidh Nàiseanta na h-Alba ) is a Scottish nationalist and social democratic political party in Scotland. The SNP supports and campaigns for Scottish independence from ...
,
Plaid Cymru Plaid Cymru ( ; ; officially Plaid Cymru – the Party of Wales, often referred to simply as Plaid) is a centre-left to left-wing, Welsh nationalist political party in Wales, committed to Welsh independence from the United Kingdom. Plaid wa ...
,
Social Democratic and Labour Party The Social Democratic and Labour Party (SDLP) ( ga, Páirtí Sóisialta Daonlathach an Lucht Oibre) is a social-democratic and Irish nationalist political party in Northern Ireland. The SDLP currently has eight members in the Northern Ireland ...
and the Labour Party. A few commentators such as
Saeed Kamali Dehghan Saeed Kamali Dehghan ( fa, سعید کمالی دهقان born 1 May 1985 in Karaj, Iran)Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
Deputy First Minister
Martin McGuinness James Martin Pacelli McGuinness ( ga, Séamus Máirtín Pacelli Mag Aonghusa; 23 May 1950 – 21 March 2017) was an Irish republican politician and statesman from Sinn Féin and a leader within the Provisional Irish Republican Army (IRA) during ...
called for a referendum to be held in Northern Ireland as well. Politicians from several parties, such as
Alliance Party of Northern Ireland The Alliance Party of Northern Ireland (APNI), or simply Alliance, is a liberal and centrist political party in Northern Ireland. As of the 2022 Northern Ireland Assembly election, it is the third-largest party in the Northern Ireland Assembly, ...
and the
Social Democratic and Labour Party The Social Democratic and Labour Party (SDLP) ( ga, Páirtí Sóisialta Daonlathach an Lucht Oibre) is a social-democratic and Irish nationalist political party in Northern Ireland. The SDLP currently has eight members in the Northern Ireland ...
praised the result. The day the result was announced the Northern Ireland branch of
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
announced a march in
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 Kingdo ...
"on June 13 calling for legislation for same-sex marriage in the North", with its programme director Patrick Corrigan describing Northern Ireland as "now the last bastion of discrimination against gay people in these islands". But the most recent of four attempts at legislation received the support of only four Unionist
MLAs The Max Launch Abort System (MLAS) was a proposed alternative to the Maxime Faget-invented "tractor" launch escape system (LES) that was planned for use by NASA for its Orion (spacecraft), Orion spacecraft in the event an Ares I malfunction du ...
in an
Assembly Assembly may refer to: Organisations and meetings * Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions * General assembly, an official meeting of the members of an organization or of their representa ...
that, under the terms of the
Good Friday Agreement The Good Friday Agreement (GFA), or Belfast Agreement ( ga, Comhaontú Aoine an Chéasta or ; Ulster-Scots: or ), is a pair of agreements signed on 10 April 1998 that ended most of the violence of The Troubles, a political conflict in No ...
, requires the
Cross-community support A cross-community vote or cross-community support is a form of voting used in the Northern Ireland Assembly according to the provisions of the 1998 Good Friday Agreement. It requires the support of both main communities in Northern Ireland, in ot ...
of majorities of both Unionist and
Nationalist Nationalism is an idea and movement that holds that the nation should be congruent with the state. As a movement, nationalism tends to promote the interests of a particular nation (as in a group of people), Smith, Anthony. ''Nationalism: The ...
MLAs for legislation to succeed if at least 30 MLAs present a "Petition of Concern" to the
Speaker Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** I ...
. ** –
First Minister A first minister is any of a variety of leaders of government cabinets. The term literally has the same meaning as "prime minister" but is typically chosen to distinguish the office-holder from a superior prime minister. Currently the title of ' ...
Nicola Sturgeon Nicola Ferguson Sturgeon (born 19 July 1970) is a Scottish politician serving as First Minister of Scotland and Leader of the Scottish National Party (SNP) since 2014. She is the first woman to hold either position. She has been a member of ...
wrote on Twitter "It's official. Well done Ireland, I bet there will be a few marriage proposals in the pubs of Dublin tonight. What a lovely thought. Enjoy the celebrations, Ireland". * – The result was welcomed by many senior Democrats, including
Vice-President A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...
Joe Biden;
Presidential candidate A candidate, or nominee, is the prospective recipient of an award or honor, or a person seeking or being considered for some kind of position; for example: * to be elected to an office — in this case a candidate selection procedure occurs. * t ...
, former
First Lady First lady is an unofficial title usually used for the wife, and occasionally used for the daughter or other female relative, of a non-monarchical A monarchy is a form of government in which a person, the monarch, is head of state fo ...
, and former Secretary of State
Hillary Clinton Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States sen ...
; Irish-born
US ambassador to the United Nations The United States ambassador to the United Nations is the leader of the U.S. delegation, the U.S. Mission to the United Nations. The position is formally known as the permanent representative of the United States of America to the United Nations ...
Samantha Power Samantha Jane Power (born September 21, 1970) is an American journalist, diplomat and government official who is currently serving as the Administrator of the United States Agency for International Development. She previously served as the 28th ...
and former presidential candidate
Martin O’Malley Martin Joseph O'Malley (born January 18, 1963) is an American lawyer and former politician who served as the 61st Governor of Maryland from 2007 to 2015. A member of the Democratic Party, he was Mayor of Baltimore from 1999 to 2007. O'Malle ...
. * –
Pietro Cardinal Parolin Pietro Parolin OMRI (, ; born 17 January 1955) is an Italian prelate of the Catholic Church. A cardinal since February 2014, he has served as the Vatican's Secretary of State since October 2013 and a member of the Council of Cardinal Advisers sin ...
, the
Cardinal Secretary of State The Secretary of State of His Holiness (Latin: Secretarius Status Sanctitatis Suae, it, Segretario di Stato di Sua Santità), commonly known as the Cardinal Secretary of State, presides over the Holy See's Secretariat of State, which is the ...
at the Vatican, stated that the result in Ireland was "a defeat for humanity" and he "was deeply saddened by the result". "The church must take account of this reality, but in the sense that it must strengthen its commitment to evangelisation. I think that you cannot just talk of a defeat for Christian principles, but of a defeat for humanity". The remarks represent the most damning assessment of the referendum result by a senior church official to date. Earlier the Vatican newspaper, ''
L'Osservatore Romano ''L'Osservatore Romano'' (, 'The Roman Observer') is the daily newspaper of Vatican City State which reports on the activities of the Holy See and events taking place in the Catholic Church and the world. It is owned by the Holy See but is not a ...
'', had quoted George Cardinal Cottier, Theologian Emeritus of the Pontifical Household, as saying that the referendum result was impossible to understand "without taking into account the paedophilia scandal which has rocked the Irish Church."


Enactment

Under the Referendum Act 1994, the
returning officer In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies. Australia In Australia a returning officer is an employee of the Australian Electoral Commission or a state electoral c ...
issued a provisional certificate of the referendum result to the Master of the High Court and published a notice in ''
Iris Oifigiúil ''Iris Oifigiúil'' (; "''Official Journal''") is the official gazette of the Government of Ireland. It replaced ''The Dublin Gazette'', the gazette of the Dublin Castle administration, on 31 January 1922. ''The Belfast Gazette'' was established ...
'', the
official gazette A government gazette (also known as an official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that has been authorised to publish public or legal notices. It is usually establis ...
. Citizens have seven days in which to lodge a petition challenging the result. If no petition is upheld, the provisional certificate is certified as final by the Master of the High Court and the bill is sent to the
President of Ireland The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces. The president holds office for seven years, and can ...
to be
signed into law A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature as well as, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an '' ...
, thereby amending the constitution. Two petitions against the marriage referendum were rejected in the High Court in June and the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
in July, after which the bill was signed by President
Michael D. Higgins Michael Daniel Higgins ( ga, Mícheál Dónal Ó hUigínn; born 18 April 1941) is an Irish politician, poet, sociologist, and broadcaster, who has served as the ninth president of Ireland since November 2011. Entering national politics throug ...
on 29 August 2015.


Petitions

The provisional referendum certificate was issued on 25 May 2015 and published the following day in ''Iris Oifigiúil''. Two separate petitions challenging the certificate were lodged within the time limit and considered in the High Court on 5 June 2015. The petitioners, Gerry Walshe and Maurice J. Lyons, were lay litigants. Walsh argued that political parties receiving state funding should have been prohibited from campaigning; that copies of the amendment should have been available at
post office A post office is a public facility and a retailer that provides mail services, such as accepting letters and parcels, providing post office boxes, and selling postage stamps, packaging, and stationery. Post offices may offer additional serv ...
s; and that the
secrecy of the ballot The secret ballot, also known as the Australian ballot, is a voting method in which a voter's identity in an election or a referendum is anonymous. This forestalls attempts to influence the voter by intimidation, blackmailing, and potential vote ...
was compromised by serial numbers on ballot papers and CCTV cameras in some polling stations. Lyons argued that the amendment is too vaguely worded and incompatible with the constitution's Christian ethos and reference to "woman ... in the home"; and also that non-voters should have been counted as no-voters.
Nicholas Kearns Nicholas Kearns (born 1946) is a retired Irish judge who served as President of the High Court from 2009 to 2015 and a Judge of the High Court from 1998 to 2015. He retired as President of the High Court on 19 December 2015. Early career K ...
, President of the High Court, dismissed both applications and awarded
costs In production, research, retail, and accounting, a cost is the value of money that has been used up to produce something or deliver a service, and hence is not available for use anymore. In business, the cost may be one of acquisition, in which ...
against the petitioners. Walshe and Lyons
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
ed the decisions, and on 29 June the Court of Appeal scheduled
hearing Hearing, or auditory perception, is the ability to perceive sounds In physics, sound is a vibration that propagates as an acoustic wave, through a transmission medium such as a gas, liquid or solid. In human physiology and psycholog ...
s for 30 July. On 30 July the court upheld the dismissals and the costs awards against both petitioners. The remaining steps were as prescribed by the Referendum Act 1994: on 24 August the High Court's Master formally notified the referendum returning officer Ríona Ní Fhlanghaile that it had not accepted any petition; on 28 August Ní Fhlanghaile sent the final referendum certificate to the Taoiseach and President; on 29 August the President signing the amendment into law. Meanwhile, on 27 August, both Walshe and Lyons applied 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 ...
to overturn the Court of Appeal decision, although neither sought a
stay Stay may refer to: Places * Stay, Kentucky, an unincorporated community in the US Law * Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment * Stay of proceedings, a ruling halting further legal process in a tri ...
on the Master or returning officer's actions, and their applications did not prevent the bill being signed into law. On 16 September, the Supreme Court refused
leave to appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
, stating neither applicant had raised any points of substance. The Supreme Court criticised the decision to finalise the referendum certificate before it had made its decision; however, the High Court on 23 September rejected a claim by Walshe that the certificate was therefore invalid. The President's office and the
Department of the Environment An environmental ministry is a national or subnational government agency politically responsible for the environment and/or natural resources. Various other names are commonly used to identify such agencies, such as Ministry of the Environment, ...
also stated they had acted in accordance with the law. The Master of the High Court said the problem arose because the Referendum Act 1994 did not take account of the Court of Appeal, created in 2014 under the Thirty-third Amendment of the Constitution. Lecturer Conor O'Mahony suggested the Master, though not obliged to wait for a Supreme Court appeal, might better have chosen to do so. The Supreme Court suggested that the applicants' failure to request a stay on the Court of Appeal decision pending request for a Supreme Court Appeal was a consequence of their being lay litigants, and that a professional lawyer would not have made such an omission.


Implementation

In March 2015, the
Department of Justice and Equality The Department of Justice ( ga, An Roinn Dlí agus Cirt) is a department of the Government of Ireland. It is led by the Minister for Justice who is assisted by a Ministers of State. The department's mission is to maintain and enhance community ...
published the general scheme of the Marriage Bill 2015, setting out the changes to be made to marriage law if the proposed amendment was enacted. These include removing the current legislative bar on same-sex couples marrying, allowing foreign same-sex marriages to be registered in Ireland as marriages rather than as civil partnerships, and dissolving a civil partnership if the partners marry each other. Authorised
solemniser A marriage officiant is a person who officiates at a wedding ceremony. Religious weddings, such as Christian ones, are officiated by a pastor, such as a priest or vicar. Similarly, Jewish weddings are presided over by a rabbi, and in Islamic we ...
s of marriage from religious groups would be allowed to refuse to officiate at same-sex ceremonies. Lawyer Benedict Ó Floinn felt the bill's drafting should have been completed before the referendum, to minimise the
lacuna Lacuna (plural lacunas or lacunae) may refer to: Related to the meaning "gap" * Lacuna (manuscripts), a gap in a manuscript, inscription, text, painting, or musical work ** Great Lacuna, a lacuna of eight leaves where there was heroic Old Norse p ...
during which statute law is out of step with the constitution. The
Gender Recognition Act 2015 On 15 July 2015, the Irish Oireachtas passed the Gender Recognition Act 2015 ( ga, An tAcht um Inscne a Aithint, 2015), which permits Irish citizens to change their gender on government documents through self-determination. The law does not requ ...
requires a
transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through tr ...
person to be unmarried to recognise a change of legal sex; the Marriage Bill intends to remove this restriction. The government hoped to have the Marriage Bill enacted before the Oireachtas' summer
adjournment In parliamentary procedure, an adjournment ends a meeting. It could be done using a motion to adjourn. A time for another meeting could be set using the motion to fix the time to which to adjourn. This motion establishes an adjourned meeting ...
, but the referendum petition hearings in the Court of Appeal delayed this. The government intended to enact the Marriage Bill "as early as possible" after the Dáil's resumption on 22 September 2015. The bill provides that applications for civil partnership pending when it comes into force can be converted into applications for marriage. The Minister for Justice stated that marriages under this provision should take place by November. The bill was approved at a cabinet meeting on 16 September for publication the following day. It passed its final stage in the legislature on 22 October 2015 and (in the absence of the
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
, who was out of the country) was signed into law on 29 October 2015 by the Presidential Commission. The Marriage Act 2015
came into force In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this t ...
on 16 November 2015. The first same-sex marriage ceremony was the next day in
Clonmel Clonmel () is the county town and largest settlement of County Tipperary, Republic of Ireland, Ireland. The town is noted in Irish history for its resistance to the Cromwellian conquest of Ireland, Cromwellian army which sacked the towns of Dro ...
,
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 th ...
.


See also

*
Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...


Other same-sex marriage referendums

* 2017 Australian Marriage Law Postal Survey * 2016 Bermudian same-sex union and marriage referendum * 2013 Croatian constitutional referendum * 2015 Slovak same-sex marriage referendum *
2015 Slovenian same-sex marriage referendum A referendum on a Recognition of same-sex unions in Slovenia, bill legalising same-sex marriage was held in Slovenia on 20 December 2015. The bill was rejected, as a majority of voters voted against and the votes against were more than 20% of regi ...
* 2021 Swiss same-sex marriage referendum * 2022 Cuban Family Code referendum * United States: ** Maine: *** 2009 Maine same-sex marriage referendum *** 2012 Maine same-sex marriage referendum **
2012 Maryland same-sex marriage referendum Question 6 (colloquially called the Maryland same-sex marriage referendum) is a referendum that appeared on the general election ballot for the U.S. state of Maryland to allow voters to approve or reject the Civil Marriage Protection Act—a bi ...
** 2012 Washington same-sex marriage referendum


References


Sources

* * * * *


Citations


External links


Thirty-fourth Amendment of the Constitution Act, 2015
from the
Irish Statute Book The Irish Statute Book, also known as the electronic Irish Statute Book (eISB), is a database produced by the Office of the Attorney General of Ireland. It contains copies of Acts of the Oireachtas and statutory instruments.

Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015
Oireachtas website; links to bill, debates and proposed amendments *March 2015 Oireachtas debates from kildarestreet.com: **Dáil
second stagesecond stage (ctd)committee, report, final stages
**Seanad
second stagecommittee stagereport, final stages

RefCom2015.ie
Referendum Commission A Referendum Commission ( ga, An Coimisiún Reifrinn) is an independent statutory body in Ireland which is set up in advance of any referendum. The Referendum Act 1998 as amended by the Referendum Act 2001 provides for the establishment of the bod ...
website archived on 29 May 2015 by the
Internet Archive The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music, ...
{{LGBT in Ireland 2015 in LGBT history 2015 in Irish law Acts of the Oireachtas of the 2010s 34 LGBT history in Ireland LGBT law in Ireland Same-sex marriage in the Republic of Ireland Same-sex union legislation May 2015 events in Ireland 34 Amendment, 34 Same-sex marriage referendums