Same-sex marriage in Ireland

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Same-sex marriage
Performed nationwide in
Netherlands (2001) Belgium (2003) Spain (2005) Canada (2005) South Africa (2006)
Performed statewide in
Massachusetts, USA (2004)
Foreign same-sex marriage recognized in
Israel (2006)
Debate in other countries and regions
Aruba Australia Austria China Estonia France Ireland Latvia (no debate) Lithuania New Zealand Portugal Romania Sweden Taiwan United Kingdom United States: CA, CT, MD, NY, NJ, OR, WA
See also
Civil union Registered partnership Domestic partnership Timeline of same-sex marriage Listings by country
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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.

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 (see Same-sex marriage in British Columbia) in September 2003. [1] The next day, Judge Liam McKechnie of the High Court permitted their suit to proceed to a hearing. [2]

At the hearing of their action, Katherine and Ann Louise 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 do 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 2006-10-13 and judgement is still awaited.

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. Therefore, as Zappone and Gilligan were married in Canada (and opposite-sex marriages in Canada, are recognised by the State), it is possible that alone could win the case.

A civil union policy is under discussion; see civil unions in Ireland.

The Irish government are expected to announce new legislation to make way for same sex unions in late-2006.

[edit] Public opinion

On 21 October 2006, it was revealed in a Sunday Tribune poll that over 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. [3]

An opinion poll carried out by the Gay and Lesbian Equality Network and reported in the Irish Independent on Nov 24th 2006 suggested that 51% of the Irish public support Civil marriage for gay and lesbian couples and 93pc of people also believe that children in same-sex households should have the same legal rights as children in other family units.