same-sex and civil partnership

Question 1

traditional marriage + legislation

Answer 1

between a man and a woman CRA 04 S2

Question 2

marriages between same-sex couples granted constitutional protection under Article__ after 20__

Answer 2

41, 15

Question 3

5 ‘non-traditional’ families

Answer 3

civil partners
unmarried cohabiting
lone parent 
blended family 
extended family

Question 4

what did the Civil Partnership and Certain Rights and obligations of Cohabitants act 2010 introduced

Answer 4

• registration of same-sex partnership

- rights to cohabiting unmarried couples

Question 5

formalities to civil partnership

hint: similar to marriage- factors of legality and how it is conducted

Answer 5

• same-sex
• 18+
• consensual
• no prohibited degree
• no bigamy
• 3 months written notice to registrar
• oral declaration
• venue open to public
• two witnesses

Question 6

the barrier to the 2010 act

Answer 6

does not impose obligations in relation to children being raised by same-sex couples

no provision for adoption, guardianship, custody, access, maintenance payments

strangers within the law

Question 7

Noel Whelan quote on marriage equality

Answer 7

civil partnership lacks clarity, certainty and constitutional protection that goes with marriage. the distinction between the two operate at a practical, legal and symbolic level…
having a separate and lesser intuition sends a clear message of inequality. it tells them they are less than”

Question 8

poliitical route to marriage equality

Answer 8

• Civil Partnership act 2010
• 2013 Constitutional Convention
• Children and Family Relationship Act 2015
• 2015 Marriage Equality Referendum

Question 9

The ‘KAL’ Case

Answer 9

the lesbian couple sought to have legal marriage recognised in Ireland
denied as tax law related to gender-specific husband and wife

Question 10

Zappone v Revenue

Answer 10

failed, attempt to include same sex in tax benefits, constitution is a living document

Question 11

Marriage Equality Referendum

year, amendment, article and function

Answer 11

2015

• 34th Amendment
• Art 41.4
• abolished new civil partnerships allowed old

Question 12

ECtHR recognition of Same-sex Marriage in art

Answer 12

Art 12

Question 13

Schalk v Austria

Answer 13

enshrined same-sex relationships in Art 12,

no EU state is obliged to follow

Question 14

impacts of marital/ Civil Partnership, 8

Answer 14

1. Money: tax, social welfare, pension
2. Property
3. Inheritance
4. Next of Kin
5. Children (Marriage)
6. DV
7. International family reunification
8. Remedies if you break up

Question 15

Ennis v Butterly

Answer 15

allowed damages for misrepresentation due to money lost regarding promised marriage

Question 16

defining Cohabitant

Answer 16

one of two adults who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other

Question 17

2010 Acr S 172 (2) court takes into account- 7

Answer 17

1. Duration
2. Living conditions
3. financial arrangements
4. financial dependency
5. dependent children
6. partner taking care of non-biological child
7. how they present as a couple

Question 18

what rights are granted under the 2010 act, although much weaker than marriage rights?

Answer 18

Property, Custody, Maintenance, Inheritance

Question 19

how long do cohabitants have to live with each other to qualify for rights

Answer 19

5 years

2 years if they have a dependent child together

Question 20

Defacto famillies case

Answer 20

JMcD v PL and BM 2010- not recognised