Same-sex marriage in Northern Ireland

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Same-sex marriage in Northern Ireland is not legally recognised, with same-sex marriages performed outside Northern Ireland recognised as civil partnerships within its borders.[1][2]

The Northern Ireland Assembly has voted on the matter five times since 2012, and although it was passed by a slim majority on the fifth attempt, it has been consistently vetoed by the Democratic Unionist Party using the petition of concern.[3]

Civil partnerships

Laws regarding same-sex partnerships in Europe
  Marriage¹
  Foreign marriages recognized¹
  Other type of partnership¹
  Unregistered cohabitation¹
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  Constitution limits marriage to opposite-sex couples

¹ May include recent laws or court decisions which have created legal recognition of same-sex relationships, but which have not entered into effect yet.

Civil partnerships have been available to same-sex couples in Northern Ireland since 2005, when the UK Parliament passed the Civil Partnership Act 2004. The Act gives same-sex couples most, but not all, of the same rights and responsibilities as civil marriage.[4] Civil partners are entitled to the same property rights as married opposite-sex couples, the same exemption as married couples on inheritance tax, social security and pension benefits, and also the ability to get parental responsibility for a partner's children,[5] as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next of kin rights in hospitals, and others. There is a formal process for dissolving partnerships akin to divorce. Civil partnerships can be conducted by religious organisations in England, Wales and Scotland but not in Northern Ireland.[6]

Attempts to legalise same-sex marriage

Legislation to allow for the recognition of same-sex marriages in Northern Ireland has been debated in the Northern Ireland Assembly five times since 2012. On the first four of those occasions, only a minority of assembly members voted in favour of same-sex marriage, though the most recent vote on the issue in November 2015 saw a majority of MLAs vote in favour of same-sex marriage.[7]

On 1 October 2012, the first Northern Ireland Assembly motion regarding same-sex marriage was introduced by Sinn Féin and the Greens.[8] The motion was defeated 50-45.[9][10][11]

On 29 April 2013, the second attempt to introduce same-sex marriage was defeated by the Northern Ireland Assembly 53-42, with the Democratic Unionist Party and Ulster Unionist Party voting against and Sinn Féin, the Social Democratic and Labour Party, Alliance and the Green Party voting in favour.[12][13][14][15]

The third attempt on 29 April 2014 was defeated 51-43, with all nationalist MLAs (Sinn Féin and SDLP), most Alliance MPs and four unionists (two from NI21 and two from UUP) in favour. The remaining unionists (DUP, UUP, UKIP and Traditional Unionist Voice) and two Alliance MLAs voted against.[16][17][18]

A fourth attempt on 27 April 2015 also failed, 49-47. Again, Sinn Féin, SDLP and five Alliance members voted in favour, while the DUP and all but four of the UUP members (who were granted a conscience vote) voted against.[19][20]

On 2 November 2015, the Northern Ireland Assembly voted for a fifth time on the question of legalising same-sex marriage. Of the 105 legislators who voted, 53 were in favour and 51 against, the first time a majority of the Assembly had ever voted in favour of same-sex marriage. However the DUP again tabled a petition of concern signed by 32 members, preventing the motion from having any legal effect.[21][22][7]

Sinn Féin said that legislation regarding same-sex marriage would be a priority for the party in the Assembly elected in May 2016.[23] On 23 June 2016, Finance Minister Máirtín Ó Muilleoir announced he had requested that officials in the Executive begin drafting legislation to allow same-sex marriage, stating that MLAs would much rather vote on the issue than “be forced to legislate [following] an adverse judgment” in the courts.[24] In October 2016, First Minister Arlene Foster reaffirmed the DUP's opposition to same-sex marriage, saying the party would continue to issue a petition of concern blocking same-sex marriage in the Assembly over the next five years.[25] The DUP won fewer than 30 seats at the March 2017 elections, meaning it lost the right to individually block a bill using a petition of concern. However, there are enough other elected members to file a petition of concern together, if the power-sharing government is restored.[26]

Karen Bradley, the Secretary of State for Northern Ireland, stated in February 2018 that same-sex marriage could be legislated for in Northern Ireland by the UK Parliament, and that the Conservative government would likely allow a conscience vote for its MPs if such legislation was introduced.[27] Labour MP Conor McGinn has said he will introduce a private member’s bill extending same-sex marriage to Northern Ireland by the end of March 2018.[28]

The Marriage (Same Sex Couples) (Northern Ireland) Bill was introduced to the House of Commons on 28 March 2018, and passed its first reading.[29][30] The bill’s second reading in the Commons was blocked by a Conservative MP on 11 May 2018[31] and is next scheduled for debate on 26 October 2018.[32] An identical bill was introduced to the House of Lords on 27 March by Baron Hayward, and also passed its first reading that day.[33]

Two legal challenges to Northern Ireland's same-sex marriage ban were heard in the High Court in November and December 2015.[34] Two couples, Grainne Close and Shannon Sickles and Chris and Henry Flanagan-Kanem brought the case claiming that Northern Ireland's prohibition on same-sex marriage breached their human rights. The case was heard simultaneously with a case brought in January 2015 in which two men who wed in England sought to have their marriage recognised in Northern Ireland.[34][35] A ruling was handed down in August 2017; Judge O'Hara of the High Court found against the couples and determined that there were no grounds under case law from the European Court of Human Rights that the couple’s rights were violated by Northern Ireland's refusal to recognise their union as a marriage and that same-sex marriage was a matter of social policy for the legislature to decide rather than the judiciary.[36][37]

One of the couples involved in the litigation (who were granted anonymity) said they would appeal the ruling.[38][39] The appeal was heard by a three-judge panel of the Court of Appeal on 16 March 2018; a ruling is expected some time this year.[40]

Public opinion

A September 2014 Lucid Talk Belfast Telegraph poll showed that 40.1% of the population support same-sex marriage, while 39.4% oppose and 20.5% either have or stated no opinion. Of those that gave an opinion 50.5% supported and 49.5% opposed same-sex marriage.[41] A poll in May 2015 found that 68% of the population supported same-sex marriage, with support rising to 75% in Belfast.[42] A "mass rally", organised by the Irish Congress of Trade Unions, Amnesty International, and the Rainbow Project[43] took place in Belfast on 13 June 2015, with a 20,000 person turnout.[44] A June 2016 poll gave support for same-sex marriage at 70%, while those opposing it at 22%.[45]

A December 2016 LucidTalk poll of 1,080 found that 65.22% of people surveyed supported the legalisation of same-sex marriage in Northern Ireland.[46] However, a majority of Unionist respondents was opposed to same-sex marriage in Northern Ireland, with only 37.04% in favour (with support rising to 71% for Unionists aged between 18 and 24 years of age).[46] By contrast, 92.92% of Nationalist/Republican respondents and 95.75% of Alliance/Green/PBP voters were in favour.[46]

Religious groups

The main churches in Northern Ireland define marriage as between one man and one woman. The majority of marriages in Northern Ireland are also conducted by religious denominations e.g. 5,856 out of 8,550 marriage ceremonies in 2014 (68%).[47]

Under the Marriage (Northern Ireland) Order 2003, an officiant shall not solemnise a religious marriage "except in accordance with a form of ceremony which is recognised by the religious body of which he is a member" and which "includes and is in no way inconsistent with" an appropriate declaration i.e. that they accept each other as husband and wife in the presence of each other, the officiant, and two witnesses. A religious body is defined in legislation as "an organised group of people meeting regularly for common religious worship."[48]

Within the Catholic Church, the Catechism of the Catholic Church states: "The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life, is by its nature ordered toward the good of the spouses and the procreation and education of offspring."[49]

The Presbyterian Church in Ireland subscribes to the Westminster Confession of Faith which affirms that marriage "is to be between one man and one woman: neither is it lawful for any man to have more than one wife, nor for any woman to have more than one husband, at the same time."[50]

The Church of Ireland affirms in its canon law that "according to our Lord’s teaching that marriage is in its purpose a union permanent and life-long, for better or worse, till death do them part, of one man with one woman, to the exclusion of all others on either side."[51] The General Synod of the Church of Ireland, in 2012, reaffirmed this teaching in a motion on Human Sexuality in the Context of Christian Belief. The motion added that the church "recognises for itself and of itself, no other understanding of marriage" and acknowledged that members of the church "have at times hurt and wounded people by words and actions, in relation to human sexuality." The church affirmed a "continuing commitment to love our neighbour, and opposition to all unbiblical and uncharitable actions and attitudes in respect of human sexuality from whatever perspective, including bigotry, hurtful words or actions, and demeaning or damaging language."[52]

The Methodist Church in Ireland states that marriage is "a relationship, intended as permanent, between one man and one woman" in its Practical Expressions of Methodist Belief document. The church opposes "all debased forms of sexuality and sexual practice, whether heterosexual or homosexual" but asks for "understanding and tolerance for those whose sexual orientation is towards those of their own gender" and encourages the wider church "to give a greater lead in the education of society, including Christians, regarding this issue, so that ignorance, prejudice and fear may disappear." [53]

The Association of Baptist Churches in Ireland affirms "the creation ordinance of marriage as the lifelong union of one man and one woman" in its Doctrinal Statement.[54]

The Congregational Union of Ireland affirms the Savoy Declaration, which is similar to the Westminster Confession of Faith in stating that "marriage is to be between one man and one woman: neither is it lawful for any man to have more than one wife, nor for any woman to have more than one husband at the same time."[55]

The Salvation Army – as stated in its Marriage Positional Statement – believes that marriage is "an exclusive and lifelong relationship between one man and one woman which is characterised by mutual submission, respect, self-giving love, faithfulness and openness to each other." It adds that human imperfection and sinfulness "may make it difficult to reach the goal of lifelong faithfulness" and that the Christian ideal of marriage is compromised by breakdown, separation and divorce, cohabitation, forced marriage, same-sex partnerships and polygamy. However, the Salvation Army "does not condemn or abandon people who fall short of the ideal" but rather, in God’s name, it seeks to offer support, reconciliation, counsel, grace and forgiveness.[56]

The Reformed Presbyterian Church of Ireland, the Evangelical Presbyterian Church and the Free Presbyterian Church of Ulster subscribe to the Westminster Confession of Faith and its definition of marriage.[57][58][59]

See also

References

  1. ↑ McBride, Sam (26 June 2013). "Assembly members vote to block gay marriage". Newsletter.co.uk. Retrieved 1 February 2017.
  2. ↑ "Same-sex marriage law bid fails". Belfast Telegraph. 29 April 2013. Retrieved 1 February 2017.
  3. ↑ Mortimer, Caroline (2 November 2015). "Northern Ireland same-sex marriage vote vetoed by DUP". The Independent. Retrieved 1 February 2017.
  4. ↑ "Lesbians lose legal marriage bid". BBC News online. BBC. 31 July 2006. Retrieved 23 May 2010.
  5. ↑ "Gay couples to get joint rights". BBC News. 31 March 2004. Retrieved 14 May 2006.
  6. ↑ Godfrey, Chris (27 November 2015). "The Fight for LGBT Rights in Northern Ireland". QX Magazine. Retrieved 7 February 2017.
  7. 1 2 McAdam, Noel (2 November 2015). "Northern Ireland MLA's vote 'yes' for gay marriage – but motion is torpedoed by DUP". Belfast Telegraph. Archived from the original on 31 March 2016. Retrieved 31 March 2016.
  8. ↑ Fairbairn, Catherine; Lyall, Heather; Campbell, Jane (14 May 2014). "Research Paper 54/14 Marriage of same sex couples across the UK: What's the same and what's different?" (PDF). House of Commons Library, Scottish Parliament Information Centre (SPICe) and Northern Ireland Assembly Research and Information Service. p. 11. Retrieved 19 September 2017.
  9. ↑ "Motion: Marriage Equality (Revised Wording) [Date of Plenary Debate: 01/10/2012]". AIMS (Assembly Information Management System) Portal. Northern Ireland Assembly. Retrieved 19 September 2017.
  10. ↑ McDonald, Henry (1 October 2012). "Northern Ireland assembly rejects motion on gay marriage". The Guardian. Retrieved 19 September 2017.
  11. ↑ "Gay marriage proposal rejected by Stormont assembly members". BBC News. British Broadcasting Corporation. 1 October 2012. Retrieved 19 September 2017.
  12. ↑ "Motion: Marriage Equality at the Constitutional Convention [Date of Plenary Debate: 29/04/2013]". AIMS (Assembly Information Management System) Portal. Northern Ireland Assembly. Retrieved 19 September 2017.
  13. ↑ McDonald, Henry (13 January 2015). "Northern Ireland ban on recognising gay marriage faces legal challenge". The Guardian. Retrieved 19 September 2017.
  14. ↑ McDonald, Henry (29 April 2013). "Unionists defeat Northern Irish gay marriage bill". The Guardian. Retrieved 19 September 2017.
  15. ↑ "Same-sex marriage motion is defeated at NI Assembly". BBC News. British Broadcasting Corporation. 29 April 2013. Retrieved 19 September 2017.
  16. ↑ "Motion: Marriage Equality [Date of Plenary Debate: 29/04/2014]". AIMS (Assembly Information Management System) Portal. Northern Ireland Assembly. Retrieved 19 September 2017.
  17. ↑ "Same-sex marriage: NI Assembly rejects motion for third time". BBC News. British Broadcasting Corporation. 29 April 2014. Retrieved 19 September 2017.
  18. ↑ Duffy, Nick. "UK: NI Assembly rejects equal marriage motion by 51-43 vote". PinkNews. PinkNews Media Group. Retrieved 19 September 2017.
  19. ↑ "Motion: Marriage Equality [Date of Plenary Debate: 27/04/2015]". AIMS (Assembly Information Management System) Portal. Northern Ireland Assembly. Retrieved 19 September 2017.
  20. ↑ "Gay marriage: NI Assembly rejects motion for fourth time". BBC News. British Broadcasting Corporation. 27 April 2015. Retrieved 19 September 2017.
  21. ↑ "Motion: Marriage Equality [Date of Plenary Debate: 02/11/2013]". AIMS (Assembly Information Management System) Portal. Northern Ireland Assembly. Retrieved 19 September 2017.
  22. ↑ "Petition of Concern: Marriage Equality [Date of Plenary Debate: 02/11/2013]". AIMS (Assembly Information Management System) Portal. Northern Ireland Assembly. Retrieved 19 September 2017.
  23. ↑ "Same-sex marriage to be Sinn Fein's priority in the next Assembly session". Belfast Telegraph. 28 April 2016.
  24. ↑ "Northern Ireland finance minister calls for gay marriage bill". Stowe Family Law LLP. 23 June 2016.
  25. ↑ "Same-sex marriage: Arlene Foster criticised for 'childish' online abuse comments". BBC News. 28 October 2016. First Minister Arlene Foster said the DUP would use a petition of concern to block any change to the law over the next five years.
  26. ↑ "NI Election: DUP loses 'petition of concern' power opening door for gay marriage - Sinn Fein slashes lead to one seat". Belfast Telegraph. 4 March 2017.
  27. ↑ "Same-sex marriage could be introduced to Northern Ireland via Westminster - Bradley". Independent.ie. 20 February 2018.
  28. ↑ "Labour MP to introduce Northern Ireland same-sex marriage bill in March". Belfast Telegraph. 23 February 2018.
  29. ↑ Status an progress of the Marriage (Same Sex Couples) (Northern Ireland) (No.2) Bill 2017–19
  30. ↑ Text of the Marriage (Same Sex Couples) (Northern Ireland) (No. 2) Bill
  31. ↑ "Bid to introduce same-sex marriage in Northern Ireland blocked". Belfast Telegraph. 11 May 2018.
  32. ↑ "Marriage (Same Sex Couples) (Northern Ireland) (No.2) Bill 2017-19 — UK Parliament". services.parliament.uk. Retrieved 2018-06-08.
  33. ↑ NI same-sex marriage bill passes first stage in Lords, BBC News, 28 March 2018
  34. 1 2 "Northern Ireland's gay marriage ban: Judgment reserved on legal challenge". Belfast Telegraph. 4 December 2015. Archived from the original on 29 March 2016. Retrieved 29 March 2016.
  35. ↑ Duffy, Nick (13 January 2015). "Northern Ireland: Couple launch legal bid for same-sex marriage recognition". PinkNews. Retrieved 13 April 2017.
  36. ↑ Re X [2017] NIHC 12 (Fam) (17 August 2017), High Court of Justice in Northern Ireland, Family Division
  37. ↑ "Judge dismisses Northern Ireland same-sex marriage cases". BBC News. British Broadcasting Corporation. 17 August 2017. Retrieved 8 September 2017.
  38. ↑ "High Court rejects legal challenge for equal marriage in Northern Ireland". Pink News. 17 August 2017.
  39. ↑ "Summary of Judgement; Judge Dismisses Same Sex Marriage Petition" (PDF). courtsni.gov.uk. 17 August 2017.
  40. ↑ "Judgment reserved on Northern Ireland couple's same-sex marriage legal challenge". Belfast Telegraph. 16 March 2018.
  41. ↑ Clakre, Liam (3 October 2014). "Slim majority in Northern Ireland supports same sex marriage law". Belfast Telegraph. Archived from the original on 31 March 2016. Retrieved 3 October 2014.
  42. ↑ Cromie, Claire (6 July 2015). "Gay marriage now has overwhelming support in Northern Ireland". Belfast Telegraph. Archived from the original on 31 March 2016. Retrieved 31 March 2016.
  43. ↑ McDonald, Henry (24 May 2015). "Northern Ireland under pressure after Irish gay marriage referendum win". The Guardian. Archived from the original on 25 May 2015. Retrieved 25 May 2015. The Irish Congress of Trade Unions will join Amnesty International and gay rights group the Rainbow Project to hold a mass rally in support of equal marriage rights on 13 June, while a legal test case has also been lodged with Belfast's courts.
  44. ↑ "Thousands attend same-sex marriage rally in Belfast". Raidió Teilifís Éireann. 13 June 2015. Archived from the original on 4 March 2016. Retrieved 15 June 2015.
  45. ↑ "Survey shows 70% support for same-sex marriages in Northern Ireland - BelfastTelegraph.co.uk".
  46. 1 2 3 "Northern Ireland says yes to same-sex marriage, latest polling finds". Belfast Telegraph. Independent News & Media PLC. 9 December 2016. Retrieved 3 February 2017.
  47. ↑ "Marriages by Method of Celebration, 1887 to 2014". Marriages. Northern Ireland Statistics and Research Agency. Retrieved 11 June 2016.
  48. ↑ "Marriage (Northern Ireland) Order 2003". London: TSO. 2003. Retrieved 11 June 2016.
  49. ↑ "The Sacrament of Matrimony". Catechism of the Catholic Church. Vatican City State: Libreria Editrice Vaticana. 1993. Retrieved 11 June 2016.
  50. ↑ "Of Marriage and Divorce". Westminster Confession of Faith. London: Westminster Assembly. 1646. Retrieved 11 June 2016.
  51. ↑ "The Solemnization of marriages". Canon 31. Dublin: Church of Ireland. Retrieved 11 June 2016.
  52. ↑ "Human Sexuality in the Context of Christian Belief" (PDF). Book of Reports, General Synod 2012. Dublin: Church of Ireland. 2012. Retrieved 11 June 2016.
  53. ↑ "E.4 Marriage, sexual relationships and sexuality" (PDF). Practical Expressions of Methodist Belief. Belfast: Methodist Church in Ireland. Retrieved 11 June 2016.
  54. ↑ "Doctrinal Statement". What We Believe. Belfast: Association of Baptist Churches in Ireland. 2016. Retrieved 11 June 2016.
  55. ↑ "Of Marriage". Savoy Declaration. London: Savoy Assembly. 1658.
  56. ↑ "Marriage". Positional Statements. London: Salvation Army. 2011.
  57. ↑ "Doctrinal Position". Beliefs. Reformed Presbyterian Church of Ireland. Retrieved 11 June 2016.
  58. ↑ "Beliefs". Beliefs. Evangelical Presbyterian Church.
  59. ↑ "What we believe". What we believe. Free Presbyterian Church of Ulster.
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