Tenth Amendment of the Constitution of Ireland Bill, 1986
Encyclopedia
The Tenth Amendment of the Constitution Bill, 1986 was a proposal to amend the Constitution of Ireland
to remove the prohibition on divorce
. The proposal was rejected in the 1986 referendum.
was described as follows:
Church of Ireland
. In the 1930s some other nations had similar bans, such as Italy
, which would not repeal its ban until the 1970s. By the 1980s, however, many saw the prohibition on divorce as illiberal or as discriminating against those who did not share the Christian attitude to divorce. In 1986, a first attempt to remove the ban on divorce was made by the Fine Gael
–Labour Party
coalition government of Garret FitzGerald
. The proposal was put to a referendum on 26 June 1986 but was rejected. The proposal was opposed by Fianna Fáil
, the main opposition party, by the Roman Catholic Church
and by conservative groups. The Tenth Amendment, 1986 was rejected by 935,843 (63.5%) against to 538,279 (36.5%) in favour.
A great deal of editorial and media commentary, as well as exit polls at the time, indicated that the failure to remove the ban had more to do with the perceived absence of supporting social / protective family legislation rather than majority opposition to divorce per se. It was suggested that a 'no vote' therefore would spur necessary legislative action before the next presentation of the amendment to the electorate.
The ban on divorce was eventually lifted by the Fifteenth Amendment
in 1996.
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
to remove the prohibition on divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
. The proposal was rejected in the 1986 referendum.
Proposed changes to the text
The subject matter of the referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
was described as follows:
- The Tenth Amendment of the Constitution Bill, 1986, proposes –
- to delete subsection 2° of Article 41.3 of the Constitution, which states that no law shall be enacted providing for the grant of a dissolution of marriage, and to substitute the subsection here following:
- 2° Where, and only where, such court established under this Constitution as may be prescribed by law is satisfied that:
-
- i. a marriage has failed,
- ii. the failure has continued for a period of, or periods amounting to, at least five years,
- iii. there is no reasonable possibility of reconciliation between the parties to the marriage, and
- iv. any other condition prescribed by law has been complied with,
- the court may in accordance with law grant a dissolution of the marriage provided that the court is satisfied that adequate and proper provision having regard to the circumstances will be made for any dependent spouse and for any child of or any child who is dependent on either spouse.
Overview
In 1986 an absolute ban on divorce had been present in the constitution since its adoption in 1937. The prohibition reflected the religious values of the document's Roman Catholic drafters, but was also supported by senior members of the AnglicanAnglicanism
Anglicanism is a tradition within Christianity comprising churches with historical connections to the Church of England or similar beliefs, worship and church structures. The word Anglican originates in ecclesia anglicana, a medieval Latin phrase dating to at least 1246 that means the English...
Church of Ireland
Church of Ireland
The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
. In the 1930s some other nations had similar bans, such as Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, which would not repeal its ban until the 1970s. By the 1980s, however, many saw the prohibition on divorce as illiberal or as discriminating against those who did not share the Christian attitude to divorce. In 1986, a first attempt to remove the ban on divorce was made by the Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
–Labour Party
Labour Party (Ireland)
The Labour Party is a social-democratic political party in the Republic of Ireland. The Labour Party was founded in 1912 in Clonmel, County Tipperary, by James Connolly, James Larkin and William X. O'Brien as the political wing of the Irish Trade Union Congress. Unlike the other main Irish...
coalition government of Garret FitzGerald
Garret FitzGerald
Garret FitzGerald was an Irish politician who was twice Taoiseach of Ireland, serving in office from July 1981 to February 1982 and again from December 1982 to March 1987. FitzGerald was elected to Seanad Éireann in 1965 and was subsequently elected to Dáil Éireann as a Fine Gael TD in 1969. He...
. The proposal was put to a referendum on 26 June 1986 but was rejected. The proposal was opposed by Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
, the main opposition party, by the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
and by conservative groups. The Tenth Amendment, 1986 was rejected by 935,843 (63.5%) against to 538,279 (36.5%) in favour.
A great deal of editorial and media commentary, as well as exit polls at the time, indicated that the failure to remove the ban had more to do with the perceived absence of supporting social / protective family legislation rather than majority opposition to divorce per se. It was suggested that a 'no vote' therefore would spur necessary legislative action before the next presentation of the amendment to the electorate.
The ban on divorce was eventually lifted by the Fifteenth Amendment
Fifteenth Amendment of the Constitution of Ireland
The Fifteenth Amendment of the Constitution of Ireland repealed the constitutional prohibition of divorce. It was effected by the Fifteenth Amendment of the Constitution Act, 1995, which was approved by referendum on 24 November 1995 and signed into law on 17 June 1996.-Changes to the...
in 1996.
Result
See also
- Politics of the Republic of IrelandPolitics of the Republic of IrelandIreland is a parliamentary, representative democratic republic and a member state of the European Union. While the head of state is the popularly elected President of Ireland, this is a largely ceremonial position with real political power being vested in the indirectly elected Taoiseach who is...
- History of the Republic of IrelandHistory of the Republic of IrelandThe Irish state originally came into being in 1922 as the Irish Free State, a dominion of the British Commonwealth, having seceded from the United Kingdom under the Anglo-Irish Treaty. It comprises of 26 of Ireland's 32 counties...
- Constitutional amendmentConstitutional amendmentA constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
External links
- Electoral (Amendment) Act, 1986 (Full text at IrishStatuteBook.ie)
- Full text of the Constitution of Ireland (Accurate up to and including the Twenty-seventh Amendment from Department of the Taoiseach)
- The Unabridged Constitution of Ireland (Unofficial variorum edition – accurate only up to Twentieth Amendment)