A pivotal moment in Irish history took place this week as two Dubliners are set to become the first gay couple to have their relationship officially recognized by the state. After 17 years together, Barry Dignam and Hugh Walsh have entered a civil partnership when they exchanged vows at Dublin’s Registry.
The Irish Parliament passed the Civil Partnership and Certain Rights and Obligations of Cohabitants Act in July 2010, providing homosexuals with the right to properly register as civil partners. This Act includes a variety of marriage-like benefits to gay and lesbian couples, addressing issues such as property, social welfare, inheritance, and pension entitlements.
Although the Act came into effect in January of this year, due to a mandatory three-month waiting period for all couples, Tuesday was the first day civil partnership ceremonies could take place under new legislation.
Prior to 1993, laws dating back to the nineteenth century were enforced that rendered same-sex sexual activity illegal. Senator David Norris led the Campaign for Homosexual Law Reform, which resulted in the 1988 ruling that declared Irish laws regarding homosexuality were in violation of the European Convention on Human Rights. Five years later, Ireland decriminalized homosexual activity, however, same-sex marriage remained illegal.
An ongoing debate concerning the reformation of the Constitutional definition of marriage is currently in the works. As of now, the only valid form of marriage is between two people of the opposite sex.
Although the legalization of civil partnerships represents the significant strides that have been made towards achieving a greater equality in Irish society, the Act fails to make provisions for any children involved and issues of guardianship. If a biological parent were to die, the non-biological parent would be the sole guardian, yet they would fail to possess any legal rights relevant to their relationship with the child. If the Constitutional definition of marriage was amended to take into account more pluralist forms of family, it could accommodate the legal recognition of the relationship between a child and a non-biological parent.
Even though the couple will continue to advocate full gay-marriage rights, for now, Dignam and Walsh are more than content to be declared civil partners. "When we first met, it was still illegal. Now our partnership is going to be recognized by the State. That is a huge journey in one lifetime," said Walsh.
This act is very forward for a country that declared being gay a crime less than 2 decades ago.
