EUROPE
Ireland
Higher Law. Ireland is bound by European Union law and Ireland’s own international obligations. It has not, however, ratified the 1978 Hague Convention.
Supreme National Law. Ireland’s constitution does not expressly address same-sex unions, but in it “[t]he State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.” Ir. Const. art. 41(3)(1). This provision may prohibit the establishment of same-sex marriage under the internal law of Ireland as well as the recognition of foreign same-sex marriages. The constitution contains other provisions that might arguably regulate Ireland’s internal family law as well as its conflicts law.
Internal Family Law.
Marriage. At least for purposes of civil registration, Ireland has expressly declared the same-sex nature of a relationship to be an impediment to marriage since 2004. Civil Registration Act 2004, § 2(2)(e). In addition, Ireland adheres to the English common law definition of marriage as “the voluntary union for life of one man and one woman, to the exclusion of all others.” Hyde v. Hyde (1866), L.R. 1 P. & D. 130, 133 (emphasis added).
Civil Unions and Domestic Partnerships. Ireland neither provides for nor expressly prohibits civil unions or domestic partnerships. The government has announced plans to create a civil partnership regime similar to that of the United Kingdom.
Conflicts Law.
Recognition of Foreign Same-Sex Unions.
- Marriages. Ireland adheres to the English rule that the essential validity of a marriage is governed by the law of the domicile of each party. See generally Law Reform Comm’n, No. LRC 19-1985, Report on Private International Law Aspects of Capacity to Marry and Choice of Law in Proceedings for Nullity of Marriage 46-68 (1985) [hereinafter 1985 Report]. In Zappone v. Revenue Comm’rs, [2006] IEHC 404, both sides agreed that Ireland would not recognize a same-sex marriage formalized in Canada by Irish domiciliaries as long as the internal law of Ireland precluded same-sex marriage. Irish courts have not yet encountered a same-sex marriage between parties who were domiciled in a place that authorizes same-sex marriages, but the assumption has been that recognition of such a marriage would be denied because it would violate a strong public policy of Ireland. See Law Reform Comm’n, No. LRC 9-1984, Report on Nullity of Marriage 4-5, 90-92 (1984); 1985 Report, supra, at 69 & n.238. It is anticipated, however, that the government’s planned civil partnership law will provide for recognition of foreign same-sex marriages as civil partnerships for purposes of Irish law.
- Civil Unions and Domestic Partnerships. Irish law does not expressly address the recognition of foreign civil unions or domestic partnerships. It is anticipated, however, that the government’s planned civil partnership law will provide for recognition of foreign civil unions and domestic partnerships as civil partnerships for purposes of Irish law.
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