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Same-sex marriage in Ireland

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Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Ireland does not recognize same-sex marriages or civil unions and neither is there currently any kind of provision for unmarried cohabiting couples, whether homosexual or heterosexual. A civil union policy is under discussion; see Civil unions in the Republic of Ireland.

The Irish constitution specifically states that the institution of marriage is to be protected:

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.

However, it has been pointed out on numerous occasions, even by the Government itself, that this section does not define what marriage is. A case taken by a lesbian couple for the recognition of their Canadian marriage is being appealed to the Supreme Court.

Zappone/Gilligan courtcase

On November 8, 2004, Katherine Zappone and Ann Louise Gilligan brought suit for the recognition of their Canadian marriage after being refused permission to file taxes jointly. They were legally married in Vancouver, British Columbia, Canada, in September 2003. The next day, Judge Liam McKechnie of the High Court permitted their suit to proceed to a hearing.[1]

At the hearing of their action, Zappone and Gilligan sought various remedies. In particular, they were seeking a declaration that in failing to recognise their Canadian marriage and in failing to apply the tax law provisions relating to married couples to them as a married couple, the State and the Revenue Commissioners have acted unlawfully, in breach of their constitutional rights, and in breach of the European Convention on Human Rights. They were also seeking a declaration that the relevant provisions of tax law are unconstitutional and void. If they did not get recognition of their Canadian marriage, they were alternatively seeking a declaration that they are entitled to marry each other in Ireland. The case started hearing before the Irish High Court on October 3, 2006. The hearing ended on October 13 and judgement was reached on December 14, which saw Judge Elizabeth Dunne reject the women's argument that marriage includes same-sex couples. The couple said they were grateful for the way their case was handled.[2] Eventually, they decided to appeal to the Supreme Court on the matter.[3] The ruling was was criticised by the Irish Congress of Trade Unions, Irish Council for Civil Liberties and Sinn Féin while the Green Party said the couple will eventually succeed in the battle for the right to marry.[4]

Public opinion

A diagram showing the varying regulation by country of same-sex unions throughout Europe.
Legend
    Same sex marriage legal
    Civil unions legal
    Unregistered cohabitation legal
    Issue under consideration
    Illegal or unknown

A Sunday Tribune poll on 21 October 2006 found that more than two-thirds of Irish people supported giving gay and lesbian couples the same legal and financial rights as heterosexual married couples, excepting the ability to adopt. 37% also said they were in favour of allowing homosexual couples to adopt children.[5]

An opinion poll carried out by the Lansdowne National Opinion Poll on behalf of the Gay and Lesbian Equality Network and reported in the Irish Independent on November 24 2006 suggested that 51% of the Irish public support civil marriage for gay and lesbian couples with a further 34% supporting legal recognition in the form of civil union and 93% believing that children in same-sex households should have the same legal rights as children in other family units.[6]

Politics

The Green Party, as part of their 2007 election manifesto, said they would bring in full same-sex marriage, with homosexual couples having the exact same rights as their heterosexual counterparts. They would also bring in civil unions for both homosexual and heterosexual couples; as well as giving cohabiting couples, be they homosexual or heterosexual, more rights and recognition. [7]

The Labour party promised to bring in civil unions for same-sex couples as part of their 2007 election manifesto. [8]

The Progressive Democrats have also promised civil unions for all couples regardless of sexual orientation in their 2007 election manifesto. [9]

See also

References

  1. ^ Lesbians, wed in Canada, want Ireland to recognize marriage - CBC News
  2. ^ Lesbian couple lose marriage recognition case
  3. ^ Lesbian Couple Take Marriage Fight To Ireland's Supreme Court
  4. ^ Sinn Féin disappointed at decision in Zappone/Gilligan case
  5. ^ Majority favours gay marriage rights - RTÉ News
  6. ^ 84% Support Legal Recognition for Same Sex Relationships - Lansdowne National Opinion Poll
  7. ^ Green Party / Comhaontas Glas - 2007 Manifesto
  8. ^ Labour - 2007 Manifesto ('Achieving Full Citizenship For All')
  9. ^ Progressive Democrats - 2007 Manfesto
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