Just Love? - Missing Pieces

CLICK HERE TO READ "MISSING PIECES" (PDF)

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (Civil Partnership Act) was signed into law on 19 July 2010, with the first civil partnerships being recognised by the State in January of 2011. This report outlines the findings of an audit of the rights and responsibilities gained by same-sex partners who register their relationship under this Act, compared to the legislative rights and responsibilities currently available to heterosexual couples, gained through civil marriage.

In other jurisdictions, for example in the UK, the State carried out a review of all the rights, responsibilities and obligations that flow from marriage, prior to enacting same-sex partnership registration legislation there. However this approach was not followed by the Irish Government prior to its enactment of civil partnership legislation and therefore this work represents the first review of the differences of treatment between heterosexual married couples and same-sex registered civil partners under current Irish legislation. The audit did not include a review of other legal provisions which affect couples, including various constitutional rights and common law (judge-made case law or precedent) rules

CLICK HERE FOR A FULL LIST OF 169 DIFFERENCES BETWEEN CIVIL PARTNERSHIP AND CIVIL MARRIAGE

Marriage Equality's aim in publishing this work is not to undermine Civil Partnership or the rights and protections it offers to same-sex couples. Rather our aim is to highlight that, in stark contrast to claims that civil partnership provides most or all the rights of marriage in all but name, same-sex couples who register a civil partnership will be denied a range of rights which they would be entitled to if they could legally marry. The report also demonstrates that having the option to register as civil partners does not replace having the option to marry. Marriage matters to same-sex couples in similar ways that it matters to everyone else, they want to make a lifetime commitment to the person they love and to protect their families. All couples regardless of their sexuality should be able to make that commitment to one another, if they so choose.

Acknowledgments

The "Missing Pieces" audit reviewed all the legislative rights, responsibilities and obligations that flow from marriage and compared them to the legislative rights, responsibilities and obligations that flow from Civil Partnership. Contributors to the audit process included practicing Solicitors, Barristers (BL), Junior (JC) and Senior Councils (SC), and respected legal academics and policy advisors.

This project could not have been undertaken without the generosity of the legal graduates who did so much work on the initial stages of the audit. Marriage Equality would like to extend its gratitude to all seventeen graduates who gave their time and expertise voluntarily. A particular mention must go to Ruth Kelly, Erinne Duddy, Conor McElearney, Lorna Stafford and Oonagh O'Connor, who contributed a huge amount of time and energy to the project. And special thanks must go to Justine Quinn B.L., for all of the help and support she provided through all stages of this process.

Other contributors included:

Provided Legal Opinion:

• Marguerite Bolger, S.C.
• Inge Clissmann, S.C.
• Dearbhla Cunningham, B.L.
• Kevin Darcy, B.L.
• Dr Fiona de Londras
• Patrick Dillon Malone, B.L.
• Natalie McDonnell, B.L.
• Justine Quinn, B.L.
• Trevor Redmond, B.L.

Additional Advice on the Findings:

• Catherine Cosgrove, B.L., Senior Solicitor with the Immigrant Council of Ireland
• Noeleen Blackwell, CEO of FLAC
• Professor Gerry Whyte, Trinity College
• Eilis Barry, B.L.
• Camille Loftus - Economic and Social Policy Analyst
• Ciara Murray - Public Information Consultant

A Special "Thank You" to:

• Paula Fagan - author
• The couples and families who appear in the report
• Ronan Healy - photographer
• Grainne Healy and Ross Golden Bannon for editing and sub-editing