Republic of Ireland

As at June 2008, the age of consent for both gay and straight sex is 17 years [R2.1].

Northern Ireland

In 2008, Northern Ireland was brought into line with the rest of the UK after MPs approved legislation in June to reduce the age of consent in the province from 17 to 16. The Sexual Offences (Northern Ireland Consequential Amendments) Order was expected to be on the statute books within a month [R2.1].

Republic of Ireland

As at August 2001, there was no law in Ireland governing surrogate parenthood by either heterosexual or homosexual couples however, there had been calls for legislation to regulate surrogate births [R1.1].

1A. Courts & Tribunals

On 10 December 2009, Judge Susan Denham in the lead opinion of a 5-judge panel of the Supreme Court ruled that a man who donated sperm to a lesbian couple had the right of access to the child [R1A.1].

Republic of Ireland

A. Asylum, Refugees

Ireland is amongst those countries that have granted asylum to homosexuals who feared anti-gay persecution in their native lands [R1A.1].

B. Immigration

In November 2010, justice minister Dermot Ahern tabled amendments to the Immigration, Residence and Protection Bill to give civil partners equal treatment in Ireland's immigration laws [R1B.1].

Republic of Ireland

1A. Courts & Tribunals

In December 2009, Judge Susan Denham in the Supreme Court ruled that a man who donated sperm to a lesbian couple had the right of access to the child [R1A.1].

Northern Ireland

1A. Courts & Tribunals

On 22 March 2011, Mr Justice Treacy overturned a ban by the Advertising Standards Authority on a church advert which railed against gay sex ruling the ban contrary to Article 10 (of the European Convention on Human Rights) which protects expressive rights which offend, shock or disturb [R1A.1].

Republic of Ireland

On 25 December 2011, same-sex marriages from New York are to be recognised as Irish civil partnerships. Irish-based couples in any of these relationships will, from that date, be subject to the same legal regime and the same rights and obligations as a couple who register a civil partnership in Ireland. They will also be treated in the same way as opposite sex couples for immigration purposes, ensuring that a US citizen married to an Irish citizen in New York will be able to live and work in Ireland [D1.22], [R1.21].

In September 2011, Marriage Equality released a report "Missing Pieces". A Comparison of the rights and responsibilities gained from civil partnership compared to the rights and responsibilities gained through civil marriage in Ireland is available [R1.20].

From 13 January 2011, gay and lesbian couples living in Ireland who have married or had a civil partnership abroad will be automatically recognised as civil partners. However, the French PACS, will not be recognised being deemed not to offer as many rights as Irish marriages or civil partnerships [L1.19], [R1.18].

From January 1, 2011 same-sex couples will be able to apply to the Civil Registrar to enter into a Civil Partnership. Couples must give three months notice to the Civil Registrar before having a civil partnership ceremony [R1.17]. Download booklet for details [R1.16].

On 19 July 2010, President Mary McAleese, signed the Civil Partnership Bill into law, offering same-sex couples protections that include access to pensions, inheritance, and power of attorney, among others [R1.15]. It is to take effect in January 2011.

Previously:

On 08 July 2010, the upper parliamentary house, the Seanad, passed the Civil Partnership Cohabitation Bill in a 48 to 4 vote [R1.14].

In July 2010, a bill that would recognize the civil partnerships of same-sex couples passed the Dáil, and moved to the upper chamber for ratification [R1.13].

On 27 May 2010, legislation to give same-sex couples similar rights to married couples moved closer to enactment after it passed Committee stage in the Dáil [R1.12].

on 27 January 2010, the bill to allow gay couples the right to civil partnerships completed its second stage in the Dail. It will now go to a committee for further scrutiny [R1.11].

On 03 December 2009, a bill to allow civil partnerships was slated to be presented to parliament. The Bill would grant rights that include ones relating to domestic violence, residential tenancies, succession, refugee law, pensions and immigration [R1.10.

In June 2009, minister for justice Dermot Ahern said he would soon seek cabinet approval for a civil partnerships bill which could be enacted by the end of the year [R1.9].

In May 2009, the Health Service Executive announced plans to draw up guidelines to ensure that hospitals recognize gay and lesbian relationships and the same-sex partners of patients [R1.8].

In February 2009, the Irish Human Rights Commission said that in the context of the Belfast/Good Friday Agreement, the core principle of equivalence of human rights on both sides of the border suggests that civil partnership in the Republic "should, at a minimum, be akin to the principles within the Civil Partnership Act 2004 in Northern Ireland" [R1.7].

In January 2009, the government listed a Civil Partnership Bill among legislation for the spring session of Parliament [R1.6].

In June 2008, the Irish Governmnet published the General Scheme of Civil Partnership Bill which if passed would be the first time lesbian and gay relationships are recognised, supported and protected in Irish law [R1.5].

The Bill may be viewed: HERE.

Previously

The Irish Civil Partnership law was expected to be introduced in 2008 [R1.4].

A bill outlining the new proposed legislation was earlier expected to be published in March, with the legislation being introduced in the early 2008 summer. A draft version was circulated to government departments and although no date was given, the bill was expected to be published soon [R1.3].

The National Economic and Social Forum had recommended to Government that partnerships between same-sex couples should be given civil recognition and rights similar to those of married couples [R1.2].

In 2000, the Cork County Council considered a draft bylaw that would have allowed anyone in a committed relationship to register as domestic partners with the council [R1.1].

1A. Courts & Tribunals

In September 2003, when the Equality Authority intervened, the Department of Social and Family Affairs agreed to a gay pensioner having a Free Travel Pass issued to his partner [R1A.1].

Northern Ireland

Civil partnerships have been legal in Northern Ireland since 2005 [R2.1].

Republic of Ireland

In 1999, Ireland's Employment Equality Act banned direct and indirect job discrimination based on sexual orientation [R1.1].

The law also prohibits unwelcome, offensive, humiliating or intimidating actions. However, it exempts religious institutions in instances where it conflicts with their teachings.

Northern Ireland

In December 2008, the Northern Ireland Human Rights Commission handed the British government its advice on the potential for a Bill of Rights for the province, setting out a legal standard for how governments and other agencies should end violence, abuse and discrimination against sexual minorities [R2.3].

In September 2008, advice and guidance on what the Sexual Orientation Regulations mean for service providers, public authorities, religious organisations, providers of education was been released [R2.2].

From November 2000, providers of goods and services in Ireland could no longer discriminate based on sexual orientation under a law that took effect that month [R2.1].

The Equal Status Act bans unfair treatment based on gender, age, marital and family status, religion, race, sexual orientation, disability or membership of the Traveller community (a reference to Gypsies) [R2.1].

Republic of Ireland

On 15 June 2011, a Gender Recognition Advisory Group report [R1.4] recommended legislation to recognize gender identity set out that a person over 18 and living for at least two years in their new gender and providing a formal medical diagnosis of their condition would be entitled to legal recognition and to marry a person of the opposite sex, or to enter a civil partnership with a person of the same sex. This would prohibit people already in marriages or civil partnerships from receiving gender recognition unless they break up their relationships [R1.3].

In June 2010, Ireland reportedly was to introduce new legislation to recognise trans people's new identities after the government scrapped an appeal to the Supreme Court in the case of Dr Lydia Foy [R1.2].

In 2008, the Irish Parliament, granted transgendered people the right to have a passport issued in their new gender [R1.1].

The Irish Human Rights Commission (IHRC) stated that there is a need to reform laws regarding transgendered people and birth certificates, under the current Irish laws, a transgendered person is not allowed to have a new birth certificate issued in their new gender [R1.1].

1A. Courts & Tribunals

On 19 April 2011, the Equality Tribunal awarded Ms Hannon £30,000, ruling she was discriminated against on the grounds of gender and disability when First Direct Logistics Ltd requested Ms Hannon to switch between a male/female identity whenever the respondent company felt the need for it [R1A.3].

In February 2008, High Court Judge Liam McKechnie has given the government just two months to decide how to tackle birth registration laws for people who have undergone gender reassignment surgery, finding that the laws breach the European Convention on Human Rights [R1A.2].

In July 2002, Justice Liam McKechnie refused an application by a transsexual to have her gender changed from male to female on her birth certificate [R1A.1].

Northern Ireland

2A. Courts & Tribunals

In October 1999, in an out of court settlement a man who changed gender to become a woman settled a case for sexual harassment against her employer. The award was the first of its type in Northern Ireland and coincides with the introduction of new gender re-assignment regulations which are part of sex discrimination legislation [R2A.1].

Republic of Ireland

Ireland's 1989 Incitement to Hatred Act makes it unlawful to publish or distribute literature which is threatening, abusive or insulting, linked with the intent of stirring up hatred [R1.1].

Northern Island

In October 2003, speaking at the Labour conference in Bournemouth, Northern Ireland Secretary Paul Murphy revealed that by ministerial order, judges in the province will now be able to bestow stiffer sentences on offenders who were motivated by prejudice based on any racial, religious or sexual orientation basis [R2.1].

Republic of Ireland

In 1993, consensual sex between same-sex couples was decriminalised [R1.1].

Previously:

Senator David Norris, fought for the decriminalisation of homosexuality in Ireland.

Homosexuality was eventually decriminalised in 1993, four years after the European Court of Human Rights made its ruling in favour of Mr Norris.

Northern Ireland

In 1982, consensual sex between same-sex couples was decriminalised [R1.1].

Republic of Ireland

Article 41 of the Irish constitution provides:

"The State pledges itself to guard with special care the institution of marriage, on which the family is founded, and to protect it against attack."

It does not give any definition of marriage itself, and critics and constitutional scholars argue it does not outlaw gay marriage [R1.4].

In 2007, a proposed referendum to allow gay marriage in Ireland was rejected by the Minister for Justice [R1.3]

In 2004, a key legislative committee was looking at whether the Irish constitution should be changed to allow for gay marriage, as part of a wider review of family rights [R1.2].

In 2003, the government of Ireland was to completely overhaul the country's marriage laws, and consider the legal status of transgendered people for the first time [R1.1].

An interdepartmental committee received public consultations until March 31, after which time it published discussion papers on 14 specific topics [R1.1].

1A. Courts & Tribunals

On 17 July 2009, Mr. Justice Henry Abbott in the High Court granted an annulment of a marriage to the wife of a transsexual, finding her marriage should be treated as void where her former spouse had failed to disclose his transsexuality prior to the marriage and she would not have consented to marry had she known about it [R1A.1].

Republic of Ireland

Irish law does not permit fostering of children by same-sex couples.

In February 2009, the Adoption and Children Act came into effect limiting access to adoption to married couples and individuals, excluding non-married same-sex and opposite-sex couples [R1.4].

Previously:

Under Ireland's Adoption Act, [single] gays and lesbians will be allowed to adopt children [R1.3]. However, the Act prevents unmarried couples adopting, it approves adoption by any single person which means that only one person in a same-sex relationship would be recognised as a parent.

The government-appointed Equality Authority had urged that same-sex couples should get equal rights on fostering and adopting children [R1.2].

In May 2002, the government-appointed Equality Authority urged that same-sex couples should get equal rights on fostering and adopting children [R1.1].

Northern Ireland

2A. Courts & Tribunals

In July 2011, the Human Rights Commission was granted leave to take a judicial review in its own name regarding adoption law in Northern Ireland. The issue concerns an anomaly in Northern Ireland law that prevents unmarried couples, or same-sex couples, from jointly adopting a child [R2A.3]. In December 2011, the case was adjourned to be heard in March 2012 [R2A.2].

In June 2008, in the aftermath of a landmark House of Lords court case which paved the way for unmarried couples in Northern Ireland to adopt, legal experts said there should be no reason as to why gay couples cannot take advantage of the ruling [R2A.1].

Republic of Ireland

The Irish Civil Partnership law is expected to be introduced in 2008 [R1.2].

Previously

Irish law did not recognise same-sex relationships and in the absence of agreement, the only means of resolving same-sex property disputes is to resort to the Courts [R1.1].

Republic of Ireland

On 29 January 2011, Finance Minister Brian Lenihan promised tax entitlements for gay and cohabiting couples officially recognised by the State will be backdated to the start of the year – even though the law to allow this will not be passed on his watch. [R1.1].