In just one generation, the attitude of people in Ireland towards homosexuality has drastically changed: from considering homosexuality to be widely unaccepted in the late 1900s to being very tolerant and open-minded in current times. Homosexuality was only decriminalised in Ireland 28 years ago, in 1993, by Maire Geoghegan-Quinn, the former Minister of Justice, making Ireland the last country in the UK to set the path to equality for the LGBTQ+ community. The person who triggered this decriminalisation was David Norris, who went through many different processes before finally achieving his goal of the legalisation of homosexual activity.
First, he appealed to the Attorney General in the Irish High Court in 1980 about the removal of the criminalisation of homosexuality. Norris argued that since the Constitution of Ireland, which is the liberal democratic law of Ireland setting out the national jurisdiction of Irish people, was passed in 1937, the laws introduced in the mid-to-late-1800s that criminalised homosexual activity have not been applicable. One reason why these laws are not applicable is because when they were passed, Ireland was under British rule, and therefore followed the laws enforced by the British. Ireland has since gained independence, meaning that it can now create its own laws based on its own beliefs and values. Another reason why these laws are not applicable is because article 50 of the Constitution of Ireland states, “subject to this Constitution and to the extent to which they are not inconsistent therewith, the laws in force in the Irish Free State immediately prior to the date of the coming into operation of this Constitution shall continue to be of full force and effect”. This means that any laws introduced before the Constitution that contradict its terms, which include the rights of Irish people to partake in homosexual activity, are discontinued. Unfortunately, Norris’ arguments were not enough to persuade the Irish High Court to rule in his favour, so he lost the case. Next, he took it to the Supreme Court of Ireland in 1983. Again, Norris lost the case at a ratio of 2:3 due to his weak responses to the Supreme Court’s arguments of Christian teachings against homosexuality in the Bible, and his weak responses to the requirements of reproduction in Irish society. Finally, Norris appealed to the European Court of Human Rights, arguing that the Irish laws against homosexual activity were against article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms which states that everyone has a right to have respect for their “private and family life,” as long as it is “in accordance with law” and “necessary in a democratic society”. Norris was successful in this appeal, as ruled by the court in 1988, which resulted in the decriminalisation of homosexuality a few years later in 1993.
Despite the fact that homosexual activity was legalised in Ireland in 1993, it was not until 2015 that same-sex marriage was too. A national vote in May 2015 resulted in the modification of the Constitution of Ireland to acknowledge marriage regardless of the sex of both parties involved, known as the Marriage Act. This was signed into law a few months later by President Higgins, after being ratified by the Oireachtas (Legislature of Ireland), and it came into effect on 16th November 2015. Just one day later, marriages between same sex-couples began to take place. By the end of the first full year in which same-sex marriage was legal, 1,056 marriage ceremonies occurred, with 606 being between men, and 450 between women.
In addition to the homosexuality reforms, Ireland has also vastly changed its laws regarding abortion in recent times. In July 2013, the Protection of Life During Pregnancy Act, which set out the situations in which abortion could be legally carried out in Ireland, was ratified by the Oireachtas (Legislature of Ireland), and then signed into law by President Higgins to come into effect in January 2014. This Act legislated the outcomes of the 1992 Attorney General v X Irish Supreme court case, which was that abortion is permitted if a woman’s life is at risk due to pregnancy, including the risk of mental health issues, such as suicide. It is stated that the “unborn” life begins existing at implantation in the uterus, and the reason for this specification is to prevent the criminalisation of emergency contraception, such as Plan B or treatment of ectopic pregnancy (when embryonic cells implant outside of the uterus, so a baby cannot develop, and the mother’s health may be endangered). A criticism of this law is that it was too subjective, because in order to be legally allowed to have an abortion as a result of the risk of suicide if the pregnancy is continued, a woman must be diagnosed by not one, but 10 physicians who are part of the Health Service Executive. These physicians at the early stages of the abortion rights movement would likely object to it themselves.
In 2018, this law was revoked and replaced with the Health (Regulation of Termination of Pregnancy) Act, which came into effect on 1st January 2019. This new act allowed abortion to be performed by a licensed medical professional in any circumstance before 12 weeks since conception, or later than 12 weeks in situations where continuation of the pregnancy would pose a risk to the mother’s health, or if the baby would be severely disabled. If it is found that a doctor has performed an abortion that does not follow the rules of the Act, or if a woman has lied in order to get an abortion that does not follow the rules of the Act, there is a punishment of a fine or imprisonment for up to 14 years. However, this punishment does not apply to women that attempt (whether successfully or not) to end their pregnancy themselves. This is controversial because it encourages the practice of unsafe and unhygienic abortions by untrained women who do not want to carry to term but also do not fall into the category of women who are legally allowed to get an abortion.
Overall, in recent years, Ireland has hugely ameliorated its laws regarding same-sex marriage and abortion, and even though it has hugely progressed along the pathway of equality, there is still much to do to ensure equality for all.
By Charlotte F
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