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Same-sex partnerships from abroad to be recognised in Ireland

Phyllis Siegel and Connie Kopelov, the first same-sex couple to get married in New York, earlier this year.
Phyllis Siegel and Connie Kopelov, the first same-sex couple to get married in New York, earlier this year.
Image: AP Photo/Jason DeCrow

SAME-SEX COUPLES WHO were married or entered into civil partnerships in several countries will now be recognised under Irish law, Minister for Justice Alan Shatter has said.

Couples who entered into “certain registered relationships” in other jurisdictions will be treated as equivalent to civil partnerships under Irish law from Christmas Day onwards.

Announcing the move, Minister for Justice Alan Shatter said that the government was committed to ensuring same-sex couples with relationships from other jurisdictions could enjoy the full protections and benefits of the civil partnership legislation.

The other jurisdictions announced are:

  • Marriages from New York, USA
  • Civil unions from Illinois, USA
  • Domestic partnerships from Oregon, USA
  • Civil unions from Rhode Island, USA
  • Civil partnerships from the Isle of Man
  • Civil partnerships from South Africa

Any couples living in Ireland in any of these relationships will be subject to the same rights and obligations as a couple who register a civil partnership in Ireland.

These include rights to shared property, pensions and inheritance.

“Reform of the law in this area in other countries is ongoing, and we are ensuring that registered partners will enjoy recognition and protection of the law on return or relocation to Ireland,” said the Minister.

Civil partners are also treated in the same way as spouses under the tax, social welfare and domestic violence codes.

Read more: US could make gay rights a condition of foreign aid >

Read more: ‘Campaign for Conscience’ lodges Supreme Court challenge to same-sex partnerships >

Read more: Gilligan and Zappone vow to continue with Supreme Court appeal >

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Comments (17 Comments)

  • Report this comment

    It’s about time something was done for same sex gay couples at last.

    Reply
  • Dave O'Shea 20/12/11 #
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    We seem to be at last making progress when it comes same sex relationships, now if we could just get our money matters in order.

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  • Tom Kiely 20/12/11 #
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    And we have electricity too!………..

    Reply
  • Brian Ward 20/12/11 #
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    Something that I am a little confused about. If you are married abroad is it recognized as a marriage here or as a civil partnership. If it is recognized as a marriage why don’t we have marriage here for same sex couples?

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    • Robbie Doyle 20/12/11 #
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      “will be subject to the same rights and obligations as a couple who register a civil partnership in Ireland.”

    • Cecily J. Hoare 20/12/11 #
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      Essentially, their marriage will be “downgraded” to civil partnership here. It’s really sad in this day and age. Actually, the happy sense of triumph in the picture accompanying this story is out of kilter with the rather grim reality,

  • Niall Callan 20/12/11 #
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    Your headline is a bit misleading. The government won’t be recognising same sex marriages, they will be giving foreign same-sex marriages (which are equal in status to any marriage in their home country) equivalent rights to Irish civil partnerships – which are not equal in status to marriage. So a couple who married in New York won’t be considered “married” here, they’ll be “civil partnered”. I don’t mean to nitpick, but your headline suggested that equal rights exist in Ireland but in fact we still have a way to go yet.

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    • Christine Bohan 20/12/11 #
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      Cheers Niall, you’re right on that – I’ve clarified the headline now.
      C

    • James Ohare 20/12/11 #
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      Yes Niall. Different and not equal – so much for socially progressive legislation… and reporting.

    • Eric Duhan 02/02/12 #
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      iF ONLY YOU KNEW HOW FAR WE HAVE COME FROM MY YOUTH AND EVEN MIDDLE AGE IN IRELAND WHERE THE ‘QUEERS’ COULD AND DID GO TO JAIL OR GET BEATEN UP WITHOUT ANY CHANCE OF GETTING JUSTICE. it’s not there yet but fair dues.

  • Fergus Ryan 20/12/11 #
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    Niall is correct in saying that New York same-sex marriages will be recognised as civil partnerships in Ireland, rather than marriages. Ironically, however, those same-sex couples who married in New York will have more extensive rights and obligations under an Irish civil partnership than they would have if they remained in New York. Same-sex couples married in New York are not in fact treated the same as heterosexual married couples in their home country. Because the Federal Government in the US does not recognise same-sex marriages, couples are not recognised for any federal purpose, including immigration and federal tax. By contrast, in Ireland couples married in New York will be treated the same as spouses for the purpose of immigration and largely the same for the purpose of tax.

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  • JR 20/12/11 #
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    Why just those places? There are so many other places that have marriage equality or civil partnerships.

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  • Fergus Ryan 20/12/11 #
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    @JR – good point, but as it happens this time last year the former Minister for Justice recognised 33 foreign classes of legal relationship as being entitled to recognition as civil partnerships in Ireland. Included were civil partnerships in 15 jurisdictions (including the UK) and same-sex marriage in 18 jurisdictions. This new statutory instrument adds six new jurisdictions, bringing the total to 39. Some foreign civil partnerships are not recognised in Ireland because they can be dissolved without judicial approval – e.g. France and Slovakia.

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  • Fergus Ryan 20/12/11 #
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    @JR BTW, Canadian same-sex marriages are recognised in Ireland as civil partnerships, since January 13, 2011

    Reply
  • Adam Long 20/12/11 #
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    This will provide important legal security for same-sex couples who formalised their unions abroad but it does not advance equality in any meaningful way and in some respects actually downgrades civil marriages to civil partnership status – yes our laws in this area represented progress but in both practical and symbolic terms, CP’s are not equal to marriage equality. So what we need is for Irish CP’s to be upgraded to marriage. 73% of the Irish public agree (a figure that continues to grow) so let’s get on with it.

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