President Michael D Higgins has signed the Thirty-Fourth Amendment of the Constitution (Marriage Equality) Bill 2015 into law. The president’s signature amends the Constitution to read: “Marriage may be contracted in accordance with law by two persons without distinction as to their sex.” The Marriage Bill 2015, which will make the necessary legislative changes to give effect to the Constitutional Amendment, will be introduced into the Dáil once it resumes in late September. Once this Bill has passed, same-sex couples may apply for a marriage licence in the same way as opposite-sex couples and those who have already been granted a civil partnership may apply to have this converted into a marriage.
The President’s signing of the Amendment paved the way for the commencement of the Gender Recognition Act 2015 by the Tánaiste and Minister for Social Protection, Joan Burton TD. This Act allows for the preferred gender of transgender people to be formally recognised for the first time. Significantly, the Act was passed without any necessity for an applicant to have undergone sex reassignment surgery, making Ireland the fourth country to drop that requirement. Furthermore, as the Same-Sex Marriage Amendment had already been signed into the Constitution, the Act was commenced without including the so-called ‘forced-divorce clause.’ The Tánaiste emphasised that “[t]he Commencement Order which I have signed specifically excludes those elements of the legislation which required that applicants for gender recognition be single.”
As of Tuesday 8 September, the application form for a Gender Recognition Certificate may be downloaded from the Department of Social Protection’s website. As part of the application, a Statutory Declaration must be signed and witnessed by a solicitor or peace commissioner. Certain relevant documents must also be attached, including a birth certificate and proof of residency. Once the Gender Recognition Certificate has been issued, the preferred gender of the person named on the certificate becomes their official gender. The certificate is equivalent to a birth certificate and will satisfy all requirements where a person is asked to provide such.
Trans recognition campaigners joined Ministers Burton and Humphreys outside Government Buildings on Tuesday to mark the commencement of applications. Dr Lydia Foy, the long-time Trans recognition campaigner whose public interest case to acquire a birth certificate in her true gender contributed so much to the change in law spoke eloquently. With her was Michael Farrell, Senior Solicitor with FLAC, which has represented Ms Foy in her legal struggle since 1997. Transgender Equality Network Ireland (TENI), which has led a highly effective campaign to advocate for Trans rights and raise awareness of the reality of life for Trans people in Ireland, also attended. TENI has prepared a guide for people applying for Gender Recognition Certificates which is available on the TENI website.
Irish Times article on Same-Sex Marriage Amendment –Click here
Tánaiste’s press release – Click here
FLAC press release -Click here
Teni’s press release - Click here