DOZENS OF same-sex couples are making plans to apply to register
their civil partnerships in the new year following the coming into force
of the Civil Partnership Act.
Minister for Justice Dermot Ahern has signed the commencement order allowing the law to come into force on January 1st.
The
Act provides for the legal recognition of same-sex relationships and
for granting certain protections to cohabiting couples when they break
up through separation or death.
It provides for similar rights for
same-sex as for married couples in relation to property, social welfare,
succession, maintenance, pensions and tax. It also provides for the
dissolution of such partnerships.
Also next year, the Supreme Court will consider an appeal seeking to establish the right of a lesbian couple to marry.
In
2006, Katherine Zappone and Ann-Louise Gilligan brought an unsuccessful
High Court action seeking to have their Canadian marriage recognised in
Ireland.
They appealed the ruling to the Supreme Court, but the appeal
has yet to be heard.
The Irish Times has learned that their
submissions must be lodged within the next few weeks, and those of the
State by the end of February, when a date for the hearing will be set.
That is likely to be within about six months.
Although
their relationship will be recognised as a civil partnership next
Saturday, it is understood that their fundamental point is that they
should have the same right to marry as heterosexual couples do.
Three
months’ notice must be given of a civil partnership, unless a special
exemption is sought from a court, where it is likely to be granted where
a partner is ill or other circumstances make the recognition of the
partnership urgent.
Unless such exemptions are sought, the first ceremonies are likely to take place in April.
Ceremonies can take place in registry offices or other venues, such as hotels, approved by the Health Service Executive.
An information booklet on the registration process is available on the General Register Office’s website (www.groireland.ie).
One
couple, Muriel Walls and Rosemarie Bryson, have set the date of May
21st next for their civil partnership ceremony.
They set the date when
the Act was passed last July, expecting it to be commenced by the end of
this year.
Some same-sex couples will enjoy the privileges
available under the Act from January 1st, as it provides for the
recognition of legal arrangements from other jurisdictions.
The
Department of Justice has drawn up a list of 27 jurisdictions, including
the UK and Canada, from which civil partnerships will be automatically
recognised.
Countries whose civil unions are considered to have lesser benefits, such as France, are not included on the list.
There
are thought to be a number of couples with existing marriages or civil
partnerships obtained in Northern Ireland, Britain or Canada.
Kieran
Rose of the Gay and Lesbian Equality Network said the move to commence
the legislation earlier than expected was the “best Christmas present”
many couples could have asked for.
“This is a historic civil
rights reform and opens up a wide vista of opportunities, celebrations
and more secure futures for lesbian and gay couples,” he said.
SIC: IT/IE