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
Argentina Aruba Australia Austria China Estonia France Ireland Italy Latvia Lithuania New Zealand Portugal Romania Sweden Taiwan United Kingdom United States: CA, CT, MD, NY, NJ, OR, RI, VT, 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. 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.

1 Zappone/Gilligan courtcase
2 Public opinion
3 See also
4 References
5 External links

[edit] 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]

[edit] Public opinion

A diagram showing the varying regulation by country of same-sex unions throughout Europe.

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]