Same-sex marriage in Malta

Legal status of same-sex unions
Marriage
Performed
Recognized

  1. Marriages performed in some municipalities and recognized by the state
  2. For some purposes, from all jurisdictions where same-sex marriage is legal
  3. When performed in Mexican states that have legalized same-sex marriage
  4. When performed in the Netherlands proper
  5. Registration schemes opened in all jurisdictions except Hualien County, Penghu County, Taitung County, and Yunlin County

* Not yet in effect

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Malta allows civil unions, following the enactment of the Civil Unions Act 2014, first introduced in September 2013. It grants civil unions the same rights, responsibilities, and obligations as marriage, including the right of joint adoption. Parliament gave final approval to the legislation on 14 April 2014 by a vote of 37 in favour and 30 abstentions. It was signed into law by President Marie-Louise Coleiro Preca on 16 April and published in the government's gazette on 17 April. The first civil union was performed on 13 June 2014.

A bill allowing same-sex marriage passed the Parliament on 12 July 2017. It was signed by the President on 1 August 2017, and will go into effect on a day appointed by the Minister for Equality.

Civil unions

Laws regarding same-sex partnerships in Europe
  Marriage
  Foreign marriages recognized
  Other type of partnership
  Unregistered cohabitation
  Unrecognized
  Constitution limits marriage to opposite-sex couples
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History

Before the 2008 elections, the Malta Gay Rights Movement sent a survey to all major political parties asking them for their views on the recognition of same-sex unions. None of the parties supported same-sex marriage, however all of them supported recognition of same-sex unions to some extent. The governing Nationalist Party supported extending some rights to cohabitating same-sex couples. The Labour Party supported recognising "same-sex families and partnerships", although it was unknown whether this would be in the form of unregistered cohabitation or registered partnership. National Action supported civil partnerships that would grant to same-sex couples some of the rights extended to married couples, not including welfare benefits. Democratic Alternative/Greens supported civil partnerships providing all of the rights of marriage.[1]

Civil Partnerships Bill 2012

On 28 March 2010, Prime Minister Lawrence Gonzi announced that the Government was working on a bill to regulate cohabitation, intended to be completed by the end of the year.[2][3][4][5][6] The draft bill (known as the Civil Partnerships and Rights and Obligations of Cohabitants Bill 2012) was presented by the Minister of Justice on 28 August 2012, and a consultation process lasted until 30 September.[7][8] The bill was introduced, but died in December 2012 due to the fall of the Government and dissolution of Parliament.[9][10]

Civil Unions Act 2014

During the 2013 elections campaign, the Labour Party announced its intention to introduce legislation to allow for civil unions for same-sex couples if elected in government. This was set to materialise by summer 2013, but was postponed until 2014.[11] Helena Dalli, the Minister for Social Dialogue, Consumer Affairs and Civil Liberties, said that legalising same-sex marriage would require a referendum, and that the Government did not intend to put the issue to a popular vote.[12]

On 30 September 2013, the first day of the new legislative session, the Parliament of Malta held the first reading of the Civil Unions Bill,[13] which was published on 14 October 2013. The legislation establishes civil unions for both same-sex and opposite-sex couples with the same rights as those available to married couples,[14] including joint adoption rights.[15] Despite the fact that people in Malta regardless of sexual orientation were already able to adopt as individuals,[16] opponents made adoption rights the focus of their objections to the legislation.[17] In his 2013 Christmas sermon, Roman Catholic Bishop Charles J. Scicluna condemned adoption by same-sex couples and said Pope Francis had told him to take a public stand against it.[18] On 25 February 2014, the bill passed committee stage. The third reading was postponed because then President George Abela indicated he would not sign it.[19] Marie-Louise Coleiro Preca, who indicated she would sign it, became President on 4 April.[20] The bill was approved in its third reading on 14 April in a 37 to 0 vote, with all Labour Party members in favor and all members of the opposition Nationalist Party abstaining.[21] It was signed into law by President Marie-Louise Coleiro Preca on 16 April and published in the government's gazette on 17 April.[22][23] The first civil union was performed on 13 June 2014.[24][25] On 20 June 2014, the Ministry for Home Affairs and National Security published a regulations, based on which, the country recognises same-sex unions registered abroad, regarded by the Ministry as having equivalent status to Malta's civil unions.[26]

A Roman Catholic Dominican priest, acting contrary to church guidelines, blessed the rings of a gay male couple in an engagement ceremony in April 2015.[27][28]

Statistics

47 civil unions were registered by April 2015, a year after civil unions were introduced.[29]

By November 2016, 153 same-sex civil unions were registered in the country.[30]

Cohabitation Act 2017

On 3 April 2017, the Maltese Parliament approved the Cohabitation Act 2017. The act recognises cohabiting couples who have been living together for at least two years and gives cohabitants more rights pertaining to parental- and medical decisions, among others. The act defines cohabitation as between two people, regardless of gender. President Marie-Louise Coleiro Preca signed the act into law on 7 April.[31]

Same-sex marriage

History

In March 2016, Prime Minister of Malta and leader of the governing Labour Party Joseph Muscat stated at an International Women's Day event that he was personally in favour of legalising same-sex marriage in the country and that it was "time for a national debate" on the issue.[32] The opposition Nationalist Party leader Simon Busuttil responded by stating that though the Government was attempting to use the issue of same-sex marriage to distract from a government scandal, he could foresee no difficulty in amending Malta's civil union legislation of 2014 to legalise same-sex marriage.[32] The country's leading gay rights organisation subsequently called for a bill to be put forward opening up marriage to all couples irrespective of gender without delay.[33]

On 21 February 2017, Minister for Social Dialogue, Consumer Affairs and Civil Liberties Helena Dalli said that she was preparing a bill to legalise same-sex marriage.[34][35] The next day, Dalli stated that it was up to the Cabinet to decide whether the bill would be introduced to Parliament before the next election, provisionally scheduled for 2018.[36][37] However, on 1 May snap elections were called for 3 June 2017, delaying the issue to the next legislative term. Of the major parties, Prime Minister and Labour Party leader Joseph Muscat stated that his party would promptly introduce a bill to legalise same-sex marriage if re-elected,[38][39] whilst Nationalist Party leader Simon Busuttil confirmed that his party's electoral manifesto would include support for same-sex marriage.[40]

Marriage Act 2017

After the Labor Party won the election comfortably, Prime Minister Muscat stated that the Government intended to pass same-sex marriage legislation in the Parliament before the end of summer.[41] On 18 June 2017, the Prime Minister announced that the same-sex marriage legislation would go through both readings on the first day of the parliamentary session, which would start on the week of June 26.[42][43][44] On 23 June 2017, the Nationalist Party confirmed its intention to vote in favour of the bill, and introduce amendments at the committee stage.[45][46][47][48][49]

On 24 June 2017, the first reading of the bill (titled Marriage Act and other Laws (Amendment) Bill) was moved during the State Opening of Parliament.[50][51] However, a number of PN MPs raised concerns about parts of the law, specifically sections which replaced gender-specific references with gender-neutral terminology, and raised the prospect of the PN having a free vote on the bill.[52] The bill's second reading started on 26 June.[53][54] Both Democratic Party (PD) MP's announced their intention to support the bill the same day.[55][56] The second reading of the bill was completed on 5 July, with every MP voting in favour except PN Deputy Edwin Vassallo.[57][58][59] The bill passed through the committee stage in the Consideration of Bills Committee, which occurred on 6, 7 and 10 July. The committee rejected all amendmends proposed by the Nationalist Party.[60][61][62] On 12 July, the bill passed its third reading by a vote of 66–1, with every MP voting in favour except Vassallo.[63][64][65] It was signed into law by President Marie-Louise Coleiro Preca on 1 August 2017, and will go into effect on a day appointed by the Minister for Equality, Helena Dalli.[66][67]

Public opinion

A Eurostat poll conducted in 2006 showed Malta at 18% support for same-sex marriage.[68]

However, support among young people appears to be much higher. An October 2009 poll showed that 49% of university students supported same-sex marriage, while 35% were opposed and 16% were undecided.[69] A poll conducted in October 2011 found that 56.5% of university students supported same-sex marriage.[70]

On June 2012, a poll commissioned by Malta Today found support for same-sex marriage at a record high, with 60% of people aged 18–35 supporting same-sex marriage. The poll found a generational gap, with only 23% of people older than 55 supporting the change. Overall, the poll found that 41% of the population were in favour of same-sex marriage and that 52% were against it,[71] a big change in comparison to 2006, when only 18% of the population supported it.[68]

A November 2013 survey showed that 69.9% supported the legislation of civil unions. However, at the same time, only 24.7% supported the right of same-sex couples to adopt.[72]

The 2015 Eurobarometer found that 65% of Maltese respondents thought that same-sex marriage should be allowed throughout Europe, 29% were against.[73]

An April 2016 poll from The Malta Independent found that 61% of Maltese respondents favoured same-sex marriage, with 25% opposed to same-sex marriage, 10.1% responding "don't care" and 3.7% unsure.[74]

See also

References

  1. ↑ "Welcome to maltagayrights.net". www.maltagayrights.net. Retrieved 13 July 2017.
  2. ↑ Ltd, Allied Newspapers. "Government drafting law on cohabitation". Retrieved 13 July 2017.
  3. ↑ Ltd, Allied Newspapers. "Cohabitation law in the works - PM". Retrieved 13 July 2017.
  4. ↑ "Feedback sought on cohabitation Bill". Retrieved 13 July 2017.
  5. ↑ "New cohabitation law to be presented in Parliament by end of year". Retrieved 13 July 2017.
  6. ↑ Ltd, Allied Newspapers. "Cohabitation bill to be moved by end of year - PM". Retrieved 13 July 2017.
  7. ↑ "Update 2 - Cohabitation bill recognises same-sex couples but not families, JPO to propose amendments". Retrieved 13 July 2017.
  8. ↑ "Cohabitation Bill launched: Gay couples ‘are not a family’ – Chris Said". Retrieved 13 July 2017.
  9. ↑ "Parlament Ta' Malta". www.parlament.mt. Retrieved 13 July 2017.
  10. ↑ Ltd, Allied Newspapers. "Cohabitation among 15 Bills put on hold". Retrieved 13 July 2017.
  11. ↑ Bill on same-sex civil unions by summer, Times of Malta
  12. ↑ "Civil partnership bill expected after summer". Malta Today. 5 June 2013.
  13. ↑ "Parliament meets today - Bill on Civil Unions tops agenda". Times of Malta. 30 September 2013.
  14. ↑ "Parlament Ta' Malta". www.parlament.mt. Retrieved 13 July 2017.
  15. ↑ "Parliament debates 'gay marriage' Bill". The Malta Independent. 22 October 2013.
  16. ↑ Calleja, Gabi (16 October 2012). "Of gays and adoption". Malta Star. Retrieved 15 April 2014.
  17. ↑ "Same sex unions approved - Celebrations in Valletta - Opposition abstains because of adoptions". Times of Malta. 14 April 2014. Retrieved 16 April 2014.
  18. ↑ Gander, Kashmira (30 December 2013). "Pope Francis 'shocked' by gay adoption says Bishop of Malta". The Independent (UK). Retrieved 16 April 2014.
  19. ↑ "PM silent as President refuses to sign Civil Unions Bill". Times of Malta. March 27, 2014. Retrieved April 15, 2014.
  20. ↑ "President-designate would have no problem signing Civil Unions Bill". Times of Malta. 5 March 2014. Retrieved 15 April 2014.
  21. ↑ "Same sex unions become legal - Celebrations in Valletta; Opposition abstains because of adoptions". The Times of Malta. 14 April 2014.
  22. ↑ Camilleri, Neil (17 April 2014). "President signs 'gay marriage' Bill". Malta Independent. Retrieved 17 April 2014.
  23. ↑ "Government Notices published in Govt. Gazette No. 19,239 of 17th April 2014". Government of Malta. 17 April 2014. Retrieved 2 April 2015.
  24. ↑ "First civil union registered on Friday". Malta Independent. 17 June 2014. Retrieved 17 June 2014.
  25. ↑ (in Maltese) "L-ewwel unjoni ċivili se ssir f’Għawdex". iNews Malta. 8 June 2014. Retrieved 17 June 2014.
  26. ↑ (in Maltese) "Se jibdew jiġu rrikonoxxuti unjonijiet ċivili barranin". iNews Malta. 20 June 2014. Retrieved 21 June 2014.
  27. ↑ Priest Blesses Same-Gender Couple’s Engagement in Malta; Archbishop Remains Calm/
  28. ↑ "Controversial priest blesses rings at gay couple’s engagement ceremony - The Malta Independent". www.independent.com.mt. Retrieved 13 July 2017.
  29. ↑ "A year from introduction of civil unions, 47 gay couples tie the knot in Malta and Gozo". Malta Independent. 14 April 2015.
  30. ↑ "153 same-sex couples have registered for civil unions in Malta". 15 November 2016. Retrieved 13 July 2017.
  31. ↑ Bill No. 178 - Cohabitation Bill
  32. 1 2 "'I am in favour of gay marriage, time for debate on the matter' - Joseph Muscat". Times of Malta. 4 March 2016. Archived from the original on 31 May 2016.
  33. ↑ "MGRM tersely welcomes declarations on introduction of gay marriage". The Malta Independent. 5 March 2016. Archived from the original on 6 March 2016.
  34. ↑ "Gay marriage to be introduced in Malta soon". Times of Malta. 21 February 2017. Archived from the original on 23 February 2017.
  35. ↑ "Government working on introduction of gay marriage". The Malta Independent. 21 February 2017. Archived from the original on 14 May 2017.
  36. ↑ "Government still unsure whether to introduce gay marriage in this legislature". The Malta Independent. 22 February 2017. Archived from the original on 23 February 2017.
  37. ↑ "Husbands could take wives’ surnames under marriage equality Bill". Malta Today. 22 February 2017. Archived from the original on 23 February 2017.
  38. ↑ "Muscat: Every Labour proposal is rooted in principles". Malta Today. 9 May 2017. Archived from the original on 14 May 2017.
  39. ↑ Diacono, Tim (16 May 2017). "Muscat wants consultation on recreational marijuana by end of year". Malta Today. Archived from the original on 16 May 2017. Retrieved 16 May 2017.
  40. ↑ "Nationalist Party to include gay marriage in election manifesto". The Malta Independent. 13 May 2017. Archived from the original on 14 May 2017.
  41. ↑ "PM Muscat commits himself to passing gay marriage law before summer". The Malta Independent. 4 June 2017. Archived from the original on 6 June 2017.
  42. ↑ "Parliament to kick off with gay marriage debate". Malta Today. 18 June 2017. Archived from the original on 18 June 2017.
  43. ↑ "PN angered about not receiving copy of gay marriage bill before debate". Malta Independent. 19 June 2017. Archived from the original on 20 June 2017.
  44. ↑ "Marriage equality before parliament's summer recess - Muscat". Times of Malta. 18 June 2017. Archived from the original on 20 June 2017.
  45. ↑ Diacono, Tim (23 June 2017). "PN will vote in favour of gay marriage". Malta Today. Archived from the original on 23 June 2017. Retrieved 24 June 2017.
  46. ↑ "Nationalist Party to vote in favour of gay marriage bill, to present some amendments". The Malta Independent. 23 June 2017. Archived from the original on 23 June 2017. Retrieved 24 June 2017.
  47. ↑ "PD MPs to be invited to PN parliamentary group meetings - PN to vote in favour of law on same-sex marriages at all stages". Times of Malta. 23 June 2017. Archived from the original on 23 June 2017.
  48. ↑ Cocks, Paul (25 June 2017). "Busuttil confirms PN will support Marriage Equality Bill – despite concerns". Malta Today. Archived from the original on 25 June 2017.
  49. ↑ Schembri, Gabriel (25 June 2017). "Nationalist Party MPs to vote in favour of gay marriage". The Malta Independent. Archived from the original on 25 June 2017.
  50. ↑ "Motion No. 9 - Marriage Act and other Laws (Amendment) Bill - 1st Reading". Parliament of Malta. Archived from the original on 26 June 2017. Retrieved 26 June 2017.
  51. ↑ "Bill No. 1 - Marriage Act and other Laws (Amendment) Bill". Parliament of Malta. Archived from the original on 6 August 2017. Retrieved 6 August 2017.
  52. ↑ Micallef, Keith (25 June 2017). "PN MPs balk at bill on gay marriage, want free vote". Times of Malta. Archived from the original on 25 June 2017.
  53. ↑ Pace, Yannick (26 June 2017). "Dalli: Equality in marriage bill goes beyond same-sex relationships". Malta Today. Archived from the original on 26 June 2017. Retrieved 26 June 2017.
  54. ↑ "200 gay marriages since civil union legislation". Times of Malta. 26 June 2017. Archived from the original on 26 June 2017. Retrieved 26 June 2017.
  55. ↑ "PD MPs to vote ‘unequivocally’ in favour of Equal Marriage". The Malta Independent. 26 June 2017. Archived from the original on 26 June 2017. Retrieved 26 June 2017.
  56. ↑ Diacono, Tim (26 June 2017). "Marlene Farrugia, Godfrey Farrugia to vote for marriage equality bill". Malta Today. Archived from the original on 26 June 2017. Retrieved 26 June 2017.
  57. ↑ Diacono, Tim (5 July 2017). "Muscat tests conservative PN MPs by calling vote on gay marriage Bill". Malta Today. Archived from the original on 5 July 2017. Retrieved 5 July 2017.
  58. ↑ "Second reading of gay marriage law approved by Parliament, final vote on Wednesday". The Malta Independent. 5 July 2017. Archived from the original on 5 July 2017. Retrieved 5 July 2017.
  59. ↑ "Gay marriages bill sails through first vote - government to reject opposition amendments". Times of Malta. 5 July 2017. Archived from the original on 5 July 2017. Retrieved 5 July 2017.
  60. ↑ "All Opposition amendments to marriage equality Bill turned down". Times of Malta. 6 July 2017. Archived from the original on 6 July 2017. Retrieved 7 July 2017.
  61. ↑ "Marriage Equality bill is more sophisticated than Irish equivalent - ministry expert". Times of Malta. 7 July 2017. Archived from the original on 7 July 2017. Retrieved 7 July 2017.
  62. ↑ "Gay marriage bill passes through committee stage, final vote on Wednesday". The Malta Independent. 11 July 2017. Archived from the original on 11 July 2017. Retrieved 11 July 2017.
  63. ↑ Pace, Yannick (12 July 2017). "Malta legalises same-sex marriage, as parliament votes in favour of marriage equality bill". Malta Today. Archived from the original on 13 July 2017. Retrieved 12 July 2017.
  64. ↑ Grech, Helena (12 July 2017). "Malta 15th European country to legalise gay marriage, PN MP Edwin Vassallo votes against". The Malta Independent. Archived from the original on 13 July 2017. Retrieved 12 July 2017.
  65. ↑ "Marriage Equality Act approved with Edwin Vassallo voting against". Times of Malta. 12 July 2017. Archived from the original on 13 July 2017. Retrieved 12 July 2017.
  66. ↑ "Government Notices published in Govt. Gazette No. 19,840 of 01 August 2017". Gazette of the Government of Malta. 1 August 2017. Archived from the original on 2 August 2017. Retrieved 2 August 2017.
  67. ↑ "Act no. XXIII of 2017 – Marriage Act and other Laws (Amendment) Act, 2017". Ministry for Justice, Culture and Local Government of Malta. 1 August 2017. Retrieved 1 August 2017.
  68. 1 2 "Eight EU Countries Back Same-Sex Marriage". Retrieved 13 July 2017.
  69. ↑ Ltd, Allied Newspapers. "Half of University students agree with gay marriage - survey". Retrieved 13 July 2017.
  70. ↑ Ltd, Allied Newspapers. "Survey shows majority of University students back same-sex marriage". Retrieved 13 July 2017.
  71. ↑ "Heartening change in attitudes to put gay unions on political agenda". Malta Today. 5 June 2012.
  72. ↑ "MaltaToday survey - Majority favour ‘civil unions’ but not gay adoption". Retrieved 13 July 2017.
  73. ↑ Special Eurobarometer 437
  74. ↑ "ISurvey: 61% ready to change gay civil union into marriage". The Malta Independent. 20 April 2016.
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