Same-sex marriage has been legal in Northern Ireland since 13 January 2020, following the enactment of the Northern Ireland (Executive Formation etc) Act 2019. The first marriage ceremony took place on 11 February 2020. Civil partnerships have also been available for same-sex couples in Northern Ireland since their introduction by the Government of the United Kingdom in 2005.
Between 2012 and 2015, the Northern Ireland Assembly voted five times on same-sex marriage, and although it was passed by a slim majority on the fifth attempt, it was vetoed by the Democratic Unionist Party using the petition of concern. Following the inconclusive 2017 Assembly election and failure to form a Northern Ireland Executive by the deadline of 21 October 2019, provisions in the Northern Ireland (Executive Formation etc) Act 2019 mandating same-sex marriage by 13 January 2020 took effect. Regulations implementing same-sex marriage were signed by Julian Smith, the Secretary of State for Northern Ireland, on 19 December 2019. The politician who introduced the 13 January 2020 deadline into the legislation, Baron Hayward, did so in order to allow enough time to update all legislation impacted by the change, such as pension rights and parental responsibilities. Marriages of same-sex couples became legally recognised on 13 January 2020, with couples free to register their intent to marry and couples who had previously married elsewhere having their unions recognised from that date.
Civil partnerships
Legislative action Civil partnerships (, ; ) have been available to same-sex couples in Northern Ireland since 2005, following the passage of the Civil Partnership Act 2004 in the Parliament of the United Kingdom. The Act gives same-sex couples most, but not all, of the same rights and responsibilities as civil marriage. Civil partners are entitled to the same property rights as married opposite-sex couples, the same exemption as married couples on inheritance tax, social security and pension benefits, and also the ability to receive parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next of kin rights in hospitals, and others. There is a formal process for dissolving partnerships akin to divorce. Civil partnerships can be conducted by religious organisations in England, Wales and Scotland but not in Northern Ireland.
Civil partnerships were opened to different-sex couples following the passage of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019.
Statistics According to the Northern Ireland Statistics and Research Agency (NISRA), 1,495 same-sex civil partnerships were performed in Northern Ireland between 2005 and 2021, mostly between lesbian couples. Most civil partnerships were conducted in Belfast (804), the city accounting for about half of all Northern Irish partnerships, followed by Derry City and Strabane (133), Newry, Mourne and Down (116), Ards and North Down (101), Mid and East Antrim (89), Lisburn and Castlereagh (67), Fermanagh and Omagh (50), Armagh City, Banbridge and Craigavon (46), Antrim and Newtownabbey (39), Causeway Coast and Glens (34), and Mid Ulster (16). In 2015, the average age for men entering into civil partnerships was 33.8, whereas for women it was 36.8 (34.3 and 32.2 respectively for married opposite-sex partners). There were seven partnership dissolutions in 2015 (five to male couples and two to lesbian couples), compared to 2,360 divorces.
Same-sex marriage
Assembly proposals Marriage in Northern Ireland is subject to laws in force at the time. There is no obligation for either of those being married to belong to a religious denomination, or for the marriage to be carried out by a religious institution, but marriages carried out in the prescribed form by a religious denomination and registered by an authorised celebrant are recognised by the state. Legislation to allow for the recognition of same-sex marriages in Northern Ireland was debated five times in the Northern Ireland Assembly between 2012 and 2015. On the first four of those occasions, only a minority of Assembly members voted in favour of same-sex marriage, though the last vote on the issue in November 2015 saw a majority of MLAs vote in favour of same-sex marriage.
On 1 October 2012, the first Northern Ireland Assembly motion regarding same-sex marriage was introduced by Sinn Féin and the Greens. The motion was defeated 45–50. On 29 April 2013, a second attempt to introduce same-sex marriage was defeated by the Assembly 42–53, with the Democratic Unionist Party (DUP) and the Ulster Unionist Party (UUP) voting against and Sinn Féin, the Social Democratic and Labour Party (SDLP), the Alliance Party, and the Green Party voting in favour. A third attempt on 29 April 2014 was defeated 43–51, with all nationalist MLAs (Sinn Féin and SDLP), most Alliance MPs and four unionists (two from NI21 and two from the UUP) voting in favour. The remaining unionists (DUP, UUP, UKIP and Traditional Unionist Voice) and two Alliance MLAs voted against. A fourth attempt on 27 April 2015 also failed, 47–49. Again, Sinn Féin, SDLP and five Alliance members voted in favour, while the DUP and all but four of the UUP members (who were granted a conscience vote) voted against.
On 2 November 2015, the Northern Ireland Assembly voted for a fifth time on the question of legalising same-sex marriage. Of the 105 legislators who voted, 53 were in favour and 52 against, the first time a majority of the Assembly had ever voted in favour of same-sex marriage. However, the DUP again tabled a petition of concern signed by 32 members, preventing the motion from having any legal effect. Sinn Féin said that legislation regarding same-sex marriage would be a priority for the party in the Assembly elected in May 2016. On 23 June 2016, Finance Minister Máirtín Ó Muilleoir announced he had requested that officials in the Executive begin drafting legislation to allow same-sex marriage, stating that MLAs would much rather vote on the issue than "be forced to legislate [following] an adverse judgment" in the courts. In October 2016, First Minister Arlene Foster reaffirmed the DUP's opposition to same-sex marriage, saying the party would continue to issue a petition of concern blocking same-sex marriage in the Assembly over the next five years. The DUP won fewer than 30 seats at the March 2017 elections, losing the ability to singlehandedly block a bill using a petition of concern. The Assembly failed to reconvene for nearly three years following the election, with same-sex marriage and other issues being sources of disagreement between the major parties.
+ 2 November 2015 vote in the Assembly Party Voted for Voted against Abstained Absent (Did not vote) Democratic Unionist Party – – – Sinn Féin – – – Social Democratic and Labour Party – – Ulster Unionist Party – Alliance Party of Northern Ireland – – Green Party Northern Ireland – – – NI21 – – – Traditional Unionist Voice – – – UK Independence Party – – – Independent – – – Total 52 1 1
British Parliament bills
2018 proposals Karen Bradley, the Secretary of State for Northern Ireland, said in February 2018 that same-sex marriage could be legislated for in Northern Ireland by the Parliament of the United Kingdom, and that the government would likely allow a conscience vote for its MPs if such legislation was introduced. Labour MP Conor McGinn said he would introduce a private member's bill extending same-sex marriage to Northern Ireland by the end of March 2018. Legislation to legalise same-sex marriage was introduced to the House of Commons on 28 March 2018, and passed its first reading. The bill's second reading in the Commons was blocked by Conservative MP Christopher Chope on 11 May 2018, and again on 26 October, and was rescheduled for debate on 23 November 2018, before being again rescheduled to 25 January 2019. An identical bill was introduced to the House of Lords on 27 March 2018 by Baron Hayward, and passed its first reading that day, though without government support."NI same-sex marriage bill passes first stage in Lords", BBC News, 28 March 2018
On 1 November 2018, royal assent was granted to the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018, which contained sections describing Northern Ireland's same-sex marriage and abortion bans as human rights violations. The law did not legalise same-sex marriage in Northern Ireland, but directed the British Government to "issue guidance" to civil servants in Northern Ireland "in relation to the incompatibility of human rights with [the region's laws on the two issues]". The law passed 207–117 in the House of Commons."Northern Ireland equal marriage measure passed by MPs in symbolic vote". PinkNews, 24 October 2018
2019 legalisation by Parliament
In March 2019, Baron Hayward introduced an amendment to an unrelated government bill, which if accepted would have extended same-sex marriage to Northern Ireland. Baroness Williams of Trafford opposed the amendment and said the UK Government preferred to have the Northern Ireland Assembly legalise same-sex marriage. Hayward withdrew it, stating that he and other Lords "made a tactical withdrawal today, but we will be back, this time to win".
In July 2019, McGinn announced his intention to attach an amendment to an upcoming Northern Ireland administrative bill, which would legalise same-sex marriage three months after passage of the bill if the Northern Ireland Assembly remained suspended. Under the terms of the originally-drafted amendment, the region's executive could approve or repeal the measure upon resumption. The amendment passed on 9 July in the House of Commons with 383 votes in favour and 73 votes against. McGinn's amendment, which was further amended by Lord Hayward during passage in the House of Lords on 17 July, was approved without a formal vote. It required the Secretary of State to issue regulations extending same-sex marriage to Northern Ireland if the Executive had not reconvened by 21 October 2019. If this occurred, then the regulations would come into effect on 13 January 2020. Lord Hayward's amendment was approved in the House of Commons with 328 votes in favour and 65 votes against on 18 July. The bill passed its final stages in the Parliament and received royal assent by Queen Elizabeth II on 24 July 2019, becoming the Northern Ireland (Executive Formation etc) Act 2019.
+ 9 July 2019 vote in the House of Commons Party Voted for Voted against Absent (Did not vote) Conservative Party Labour Party – Scottish National Party – Liberal Democrats – Democratic Unionist Party – – Sinn Féin – – Change UK – The Independents – – Plaid Cymru – – Green Party of England and Wales – – Independent – Total 73 186
Attempted recall of Assembly and commencement