Marriage Act 2015
Oireachtas | ||
---|---|---|
Long title
| ||
Citation | No. 35 of 2015 | |
Passed by | Bill title Marriage Bill 2015 | |
Bill citation | No. 78 of 2015 | |
Introduced by | Minister for Justice and Equality (Frances Fitzgerald) | |
Introduced | 17 September 2015 | |
First reading | 15 September 2015 | |
Second reading | 23 September 2015 | |
Third reading | 7 October 2015 | |
Second chamber: Seanad Éireann | ||
Member(s) in charge | Minister for Justice and Equality (Frances Fitzgerald) | |
Second reading | 20 October 2015 | |
Third reading | 22 October 2015 | |
Related legislation | ||
Thirty-fourth Amendment of the Constitution of Ireland; Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 | ||
Keywords | ||
same-sex marriage, inheritance | ||
Status: Current legislation |
The Marriage Act 2015 (No. 35 of 2015;
Background
The
Provisions
The act's provisions include removing the previous legislative bar on same-sex couples marrying,
The act provided that applications for civil partnership pending when it came into force could be converted into applications for marriage.[9][19][20] It was under this provision that the first same-sex marriages took place.[20][21] Beginning six months after the act came into force, new civil partnerships ceased to be available.[22][23] The minister's explanation was:[22]
- I have been advised that it would not be constitutional to keep civil partnership available and to open it to opposite-sex couples as this would create a risk of making civil partnership a potential competitor to marriage. All of the advice I have makes it clear that making a marriage-like relationship available would violate the constitutional pledge to "guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack".
The act
Passage
The bill's
The bill was scheduled to be introduced in
In accordance with the Constitution, the bill was sent to the office of the
References
Sources
- "Draft of General Scheme of Marriage Bill 2015" (PDF). Department of Justice and Equality. 9 March 2015. Retrieved 26 July 2015.
- "Thirty-fourth Amendment of the Constitution (Marriage Equality) Act 2015". Irish Statute Book (in Irish and English). Attorney General of Ireland. 29 August 2015. Retrieved 5 November 2015.
- "Marriage Act 2015". Irish Statute Book. Attorney General of Ireland. Oireachtas. 29 October 2015. Retrieved 11 November 2015.
- "Marriage Bill 2015 Explanatory Memorandum" (PDF). Oireachtas. 17 September 2015. Retrieved 17 September 2015.
- "Marriage Bill 2015: Report Stage". Dáil Éireann debates. 7 October 2015. pp. 10–18. Retrieved 12 October 2015.
- "Marriage Bill 2015: Committee and Remaining Stages". Seanad Éireann debates. 22 October 2015. p. 2. Retrieved 23 October 2015.
Citations
- ^ "2015 Legislation". Ireland: Office of the President. Retrieved 30 October 2015.
- ^ a b c "Minister Fitzgerald announces Commencement of Marriage Act 2015" (Press release). Dublin: Department of Justice and Equality. 10 November 2015. Retrieved 11 November 2015.
- ^ a b c d McGarry, Patsy (10 November 2015). "Same-sex marriage signed into law by Ministers". The Irish Times. Retrieved 11 November 2015.
- Raidió Teilifís Éireann (RTÉ). 16 November 2015.
- ^ "Marriage laws will be out of step with Constitution". The Irish Times. 26 May 2015. Retrieved 3 June 2015.
- ^ Bardon, Sarah (29 June 2015). "Same-sex couples may face marriage delay until next year". The Irish Times. Retrieved 29 June 2015.
- ^ Comyn, Francesca (29 June 2015). "Same-sex marriage likely to be delayed as challenges go to Court of Appeal". Newstalk. Retrieved 29 June 2015.
- ^ Bardon, Sarah (30 June 2015). "Same-sex marriages won't start until September". The Irish Times. Retrieved 30 June 2015.
- ^ a b McGarry, Patsy (1 August 2015). "Same-sex marriage legislation to arrive early next Dáil term". The Irish Times. Retrieved 1 August 2015.
- ^ "Minister Fitzgerald publishes Marriage Bill 2015". Department of Justice and Equality. 16 September 2015. Retrieved 16 September 2015.
- ^ Draft of General Scheme of Marriage Bill 2015, Part 2; Marriage Act 2015 sec.4(a)
- ^ Draft of General Scheme of Marriage Bill 2015, Head 8; Marriage Act 2015 Part 5
- ^ Draft of General Scheme of Marriage Bill 2015, Head 9; Marriage Act 2015 sec.11
- ^ "Religious solemnisers will not be obliged to perform same-sex marriage". The Irish Times. 10 March 2015. Retrieved 23 May 2015.
- ^ Draft of General Scheme of Marriage Bill 2015, Head 7; Marriage Act 2015 Part 3
- ^ "Gender Recognition Act 2015, §9(2)(b)". Irish Statute Book. Attorney General's office. 22 July 2015. Retrieved 17 September 2015.
- ^ Humphreys, Kevin (5 March 2015). "Gender Recognition Bill 2014 [Seanad]: Second Stage". Dáil Éireann debates. Oireachtas. Retrieved 25 July 2015.
As Deputies will be aware, the Bill requires that an applicant for gender recognition is single, pending the outcome of the referendum on same-sex marriage that is due to take place in May of this year. I accept that this is not ideal. The existing constitutional prohibition on same-sex marriage is a blockage in this respect. I am happy to confirm that my colleague, the Minister for Justice and Equality, has agreed that the marriage Bill, which will be enacted if the referendum is passed by the people, will include provisions to amend this legislation to remove the requirement to be single.
- ^ Draft of General Scheme of Marriage Bill 2015, Head 10 (a); Marriage Act 2015 sec.24
- ^ Draft of General Scheme of Marriage Bill 2015, Head 3(4); Marriage Act 2015 sec.10 [insertion of sec.59L into the Civil Registration Act 2004]
- ^ a b Ryan, Philip (16 September 2015). "First same-sex marriages could be next month as Cabinet approve bill". Irish Independent. Retrieved 16 September 2015.
- ^ Bardon, Sarah (16 September 2015). "Same-sex marriage laws to be considered by Cabinet today". The Irish Times. Retrieved 16 September 2015.
- ^ a b c d "Marriage Bill 2015: Committee Stage". Select Committee on Justice, Defence and Equality proceedings. 30 September 2015. Retrieved 1 October 2015.
- ^ Marriage Act 2015 sec.8
- ^ Marriage Act 2015 sec.1(2)
- ^ Fitzgerald, Frances (23 September 2015). "Marriage Bill 2015: Second Stage". Dáil Éireann debates. p. 11. Retrieved 12 October 2015.
I estimate that it should be possible to commence the Bill within a fortnight of its enactment. This brief period is necessary to enable the registrar to contact couples who have civil partnership ceremonies planned to ascertain whether they wish to proceed with a civil partnership or marry instead.
- ^ McGarry, Patsy (31 October 2015). "Same-sex marriage will be possible from November". The Irish Times. Retrieved 31 October 2015.
- ^ "Leaders' Questions in the Dáil". Newstalk. 22 September 2015. Retrieved 24 September 2015.
A debate on [a Fianna Fáil motion] was due to begin this evening with discussion on the Marriage Bill due beforehand. But last night the government abruptly changed its agenda for the day - and now plans to have the Dáil spend three hours debating a motion of confidence in itself.
- ^ "Marriage Bill 2015: Second Stage (Resumed) (Continued) / Referral to Select Committee". Dáil Éireann debates. Oireachtas. 23 September 2015. Retrieved 24 September 2015.
- ^ "Oireachtas committee approves draft Marriage Bill for same-sex marriages". BreakingNews.ie. 30 September 2015. Retrieved 30 September 2015.
- ^ Dáil Éireann debates; Marriage Bill 2015: Report Stage, pp.10–11, p.14
- ^ Dáil Éireann debates; Marriage Bill 2015: Report Stage, pp.11–14
- ^ Dáil Éireann debates; Marriage Bill 2015: Report Stage, pp.14–16
- ^ Dáil Éireann debates; Marriage Bill 2015: Report Stage, pp.16–18
- ^ "Marriage equality Bill passes all stages in Dáil". The Irish Times. 7 October 2015. Retrieved 7 October 2015.
- ^ "12–16 October 2015". This Week in the Houses of the Oireachtas. Oireachtas. October 2015. Archived from the original on 4 March 2016. Retrieved 12 October 2015.
- ^ Lally, Conor (15 October 2015). "State funeral held for Garda Tony Golden". The Irish Times. Retrieved 16 October 2015.
The Dáil and Seanad is [sic] not sitting and the Oireachtas has cancelled all committee meetings for the day as a mark of respect to Garda Golden.
- ^ "19–23 October 2015". This Week in the Houses of the Oireachtas. Oireachtas. 16 October 2015. Archived from the original on 4 March 2016. Retrieved 19 October 2015.
- ^ "Marriage Bill 2015: Second Stage". Seanad Éireann debates. 20 October 2015. p. 2. Retrieved 21 October 2015.
- ^ Seanad debates; Marriage Bill 2015: Committee and Remaining Stages
- ^ Seanad debates; Marriage Bill 2015: Committee Stage: Section 7
- ^ Seanad debates; Marriage Bill 2015: Committee Stage: New Section 20
- ^ Seanad debates; Marriage Bill 2015: Committee Stage: Section 21
- ^ Seanad debates; Marriage Bill 2015: Final stage
- ^ "Christmas weddings on cards as marriage law passes - RTÉ News". RTÉ.ie. 22 October 2015. Retrieved 22 October 2015.
- ^ "Constitution of Ireland". Irish Statute Book. Article 25: Signing and Promulgation of Laws. Retrieved 23 October 2015.
- ^ Reilly, Gavan (22 October 2015). "VIDEO: Same-sex marriages can begin next month". Today FM. Retrieved 29 October 2015.
- Thejournal.ie. Retrieved 29 October 2015.
- ^ "Tánaiste welcomes commencement of Marriage Act 2015" (Press release). Dublin: Department of Social Protection. 10 November 2015. Retrieved 11 November 2015.
- ^ Kearns, David (17 November 2015). "Ireland's first same sex marriage takes place in Tipperary". Irish Independent. Retrieved 17 November 2015.
External links
- Marriage Act 2015 Irish Statute Book
- Marriage Act 2015 (Commencement) Order 2015 Irish Statute Book
- Marriage Bill 2015 (Number 78 of 2015) Oireachtas website