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Marriage equality : a seismic shift for family law in Ireland
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Harding, Maebh (2016) Marriage equality : a seismic shift for family law in Ireland. In: Atkin, Bill , (ed.) International Survey of Family Law 2016 Edition. Jordans Family Law. (In Press)
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Abstract
On 22 May 2015, the Irish people voted in favour of marriage equality, changing the constitutional definition of marriage to include same sex couples. The referendum was widely supported and was carried in all but one electoral constituency. The Marriage Equality amendment changes both the definition of marriage in the Irish Constitution and by extension, the limited understanding of the ‘family’ which had long posed an obstacle to the progressive reform of Irish family law. This chapter outlines the legal changes leading up to the referendum to discuss whether definitional change at constitutional level was necessary. The key arguments of the referendum campaign and subsequent challenges to the result are outlined in an effort to show how the question of marriage equality was understood by different sectors of the Irish voting public. The legal implementation of marriage equality is discussed in detail, highlighting areas where interpretative questions arise about the extension of existing marriage law jurisprudence to marriage between same sex spouses. Potential problems relating to limping marital status caused by new rules relating to the recognition of foreign marriages between same sex spouses and foreign same sex partnerships are outlined. The chapter ends with a consideration of how far Irish marriage law has come but notes that conservative aspects of marriage regulation still remain, particularly in relation to divorce.
Item Type: | Book Item | ||||
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Subjects: | H Social Sciences > HN Social history and conditions. Social problems. Social reform H Social Sciences > HQ The family. Marriage. Woman K Law [LC] > KD England and Wales > KDK Ireland |
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Publisher: | Jordans Family Law | ||||
Book Title: | International Survey of Family Law 2016 Edition | ||||
Editor: | Atkin, Bill | ||||
Official Date: | 22 April 2016 | ||||
Dates: |
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Status: | Not Peer Reviewed | ||||
Publication Status: | In Press | ||||
Date of first compliant deposit: | 22 April 2016 |
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