Political section (June)

The status of same-sex marriage in Ireland

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ame-sex civil partnerships now account for 2.6% of all partnerships in Ireland. The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 granted same-sex couples rights similar, but ultimately not equal to civil marriage. The constitutional interpretation of marriage remains limited to opposite-sex relationships. An amendment to the Irish Constitution is required to grant same-sex marriage. In reality, is Irish society any closer to amending the Constitution? There exist notable differences between marriage and civil partnerships. A number of issues ranging from legal recognition to societal restraints arise. For example, civil partners do not receive the same pension rights as a married couple in the instance of partner dying. In the case of divorce proceedings consummation is not a legal requirement, nor is adultery grounds for dissolution.

In a societal sense it is important to note that last year’s Census forms contained a separate box to tick from declaration of marriage for all civil partnered couples to declare. On the positive side minor amendments predominantly granting rights to ‘co-habiting’ couples in the context of Social Welfare and Pension provisions have occurred within the last two years. A recent public opinion poll, administered by Red C, in February 2012 revealed public support for allowing gay couples to marry is seventy-three per cent. This is markedly higher than the result of fifty-six per cent for the same poll taken in 2008.

The fact, as of 14th April 2013, provisions for allowing same-sex marriage is to be discussed by the Oireachtas and put to public referendum. In the coming years (let’s be realistic – this is the Irish government) a referendum will decide whether Ireland joins the ranks of fellow EU member states such as France or Spain in legalising same-sex marriage. It all depends on how we, as a nation, tick that all important box. 

Richard Burke.