Publish date:
Year
1997
Month Day
January 17

Ireland grants a divorce for the first time in the country's history

The Republic of Ireland legally grants a divorce for the first time following a 1995 referendum. The first divorce in Ireland, granted to a terminally ill man who wished to marry his new partner, was a harbinger of the decline of the Catholic Church’s power over the Republic.

The Irish Constitution of 1937 specifically forbade divorce. Though the constitution prohibits the state from adopting an official religion, Ireland is an overwhelmingly Catholic country, and the original document contained many elements of Catholic doctrine. The Church played an outsized role in Irish public life, even by the standards of other heavily Catholic countries. Italy, for example, had legalized divorce by 1970. In 1986, the Irish government put the issue up to a nationwide referendum, but 63.5 percent voted against amending the constitution. A law allowing legal separation passed in 1989. After coming to power in 1994, a “Rainbow Coalition” government composed of center-left parties one again propagated a referendum on amending the constitution to allow divorce.

Both Pope John Paul II and Mother Teresa publicly endorsed the “No” side, a sign of the seriousness with which the Church opposed this perceived challenge to its authority. Nonetheless, the Church conceded that it would not be a sin for Catholics to vote “Yes.” Ultimately, the “Yes” campaign ran up huge numbers in urban areas, winning by the razor-thin margin of 50.3 percent to 49.7. Numerous attempts were made to challenge the result, but to no avail.

Although the 1995 referendum only legalized divorce in cases where couples had been separated for at least four years, proponents of the separation of church and state hailed it as a victory to build upon.

“We’re bringing Ireland into the 20 Century at the dawn of the 21,” said Mags O’Brien, a pro-divorce campaigner. Similarly “overdue” reforms would follow. 2015 saw the legalization of same-sex marriage with 61 percent of the vote, and 66 percent of voters approved an amendment to legalize abortion in 2018. In 2019, another amendment greatly relaxed the requirements for obtaining a legal divorce, doing away with the period of separation. 

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