Date: Wed, 06 Dec 1995 16:20:18 +0000
From: prmurphy@iol.ie (Paul Murphy)
There seems to be an implication in Gunner's question that the recent
divorce referendum in Ireland somehow came up suddenly and out of the blue,
but this is just not so. In a previous post on this thread, I was happy to
be able to re-post a piece on divorce and re-marriage in medieval Ireland
which was commonplace.
The Constitutional ban on the dissolution of civil marriage in Ireland,
which was removed in the recent referendum, dates from de Valera's 1937
Constitution. Prior to that date the same laws in relation to the
dissolution of civil marriage applied in Ireland as in the United Kingdom.
There was a previous proposal, in 1986 to remove the Constitutional ban on
divorce from the Irish Constitution, a proposal which was defeated by a
majority of about 2 to 1.
Ireland is not different to other places and unfortunately marriages do
breakdown here the same as in other places. What is in question is how a
society deals, in a legal sense, with broken marriages.
Until now those unfortunate enough to suffer the fate of a broken marriage
in Ireland did have recourse to the legal system in having their separation
from each other recognised in law. This did not dissolve the marriage nor
did it confer the right to re-marry.
What the change in the wording of the Constitution agreed to by the people
in the recent referendum simply means is that the Irish legislature is now
empowered to make law which allows for civil marriage dissolution, and to
confer the right to re-marry on those whose marriages are so dissolved. This
assumes that the challenge to the conduct of the referendum now before the
Courts is not successful. If it is successful, the next step will be up to
the Irish Government, but it is widely expected that a second referendum
would follow as soon as legally possible.
As to predicting the future, it is not an area of expertise; but observation
indicates that change in conservative societies happens slowly and deliberately.
Paul Murphy
53* 17' N : 06* 07' W
Horas non numero nisi serenas.