'We'll Have What They're Having': Sexual Minorities and the Law in the Republic of Ireland

Leane and Kiely (eds), Sexualities and Irish Society: A Reader (Orpen Press, 2014)

48 Pages Posted: 18 Feb 2014

See all articles by Fergus Ryan

Fergus Ryan

National University of Ireland, Maynooth (NUI Maynooth) - Department of Law

Date Written: February 17, 2014

Abstract

This paper chronicles the development of sexual orientation law in Ireland from 1993 to 2013. focussing in particular on the decriminalisation of male homosexual acts, the adoption of equality laws and the recognition of same-sex couples through the introduction of civil partnership. The paper illustrates the comparatively rapid transformation of the law in Ireland, highlighting key developments and events that led to these changes. While welcoming these changes, the paper questions whether a more sceptical approach should be taken, in particular in respect of laws that seek to equate the protections afforded under civil partnership with those available to married couples, without first asking whether matrimonial laws provide a fit template for a modern civil partnership law.

Since the paper has been published (January 2014) a draft bill has been published proposing significant changes to the law as it applies to children being raised by same-sex couples. (General Scheme of the Children and Family Relationships Bill 2014)

Keywords: sexual orientation; Ireland; sexuality; decriminalisation of homosexual acts; anti-discrimination; civil partnership; marriage (same-sex couples)

Suggested Citation

Ryan, Fergus, 'We'll Have What They're Having': Sexual Minorities and the Law in the Republic of Ireland (February 17, 2014). Leane and Kiely (eds), Sexualities and Irish Society: A Reader (Orpen Press, 2014). Available at SSRN: https://ssrn.com/abstract=2397335

Fergus Ryan (Contact Author)

National University of Ireland, Maynooth (NUI Maynooth) - Department of Law ( email )

Maynooth, County Kildare
Ireland

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