Same-sex marriage in Northern Ireland

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.[17]

On 1 October 2012, the first Northern Ireland Assembly motion regarding same-sex marriage was introduced by Sinn Féin and the Greens.[18] The motion was defeated 50–45.[19][20][21] On 29 April 2013, a second attempt to introduce same-sex marriage was defeated by the Assembly 53–42, 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.[22][23][24][25]

A third attempt on 29 April 2014 was defeated 51–43, 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.[26][27][28] A fourth attempt on 27 April 2015 also failed, 49–47. 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.[29][30]

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.[31][32][17]

Sinn Féin said that legislation regarding same-sex marriage would be a priority for the party in the Assembly elected in May 2016.[33] 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.[34] 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.[35] 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.[36] 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.[37]

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.[38] 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.[39] Legislation to legalise same-sex marriage was introduced to the House of Commons on 28 March 2018, and passed its first reading.[40][41] The bill's second reading in the Commons was blocked by Conservative MP Christopher Chope on 11 May 2018,[42] and again on 26 October,[43] and was rescheduled for debate on 23 November 2018,[44] before being again rescheduled to 25 January 2019.[45] 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.[46][47]

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.[48][49]

Map of MPs by their vote on the amendment extending same-sex marriage to Northern Ireland.[50]

  Labour/Liberal Democrat/Scottish National/Change UK/Plaid Cymru/Green/Independent votes for: 278 (+2 tellers)

  Conservative votes for: 105

  Conservative/Democratic Unionist votes against: 73 (+2 tellers)

  Absent/Abstentionist (Sinn Féin) votes: 190

  Seat vacant: 1

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.[51] Baroness Williams of Trafford opposed the amendment and said the UK Government wanted the Northern Ireland Assembly to legalise same-sex marriage.[51] Hayward withdrew it, stating that he and other Lords "made a tactical withdrawal today, but we will be back, this time to win".[51]

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.[52] The amendment passed on 9 July in the House of Commons with 383 votes in favour and 73 votes against.[53][54] 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.[55] Lord Hayward's amendment was approved in the House of Commons with 328 votes in favour and 65 votes against on 18 July.[56] 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.[57][58][59][60]

On 21 October 2019, the Democratic Unionist Party (DUP) and the Traditional Unionist Voice petitioned to call the Assembly back into session for the first time in nearly three years. However, Sinn Féin, the Alliance Party, the Greens and People Before Profit announced their abstention from the Assembly, and the Social Democratic and Labour Party walked out of the Assembly session, leading to the absence of all nationalist MLAs and the lack of a cross-community quorum for electing a new speaker. Incumbent Speaker Robin Newton refused to suspend the rules to allow an anti-abortion bill and a potential anti-same-sex marriage bill to be brought to a floor vote, leading the DUP to walk out of the Assembly and end the session.[61] As a result, the Westminster deadline for overturning the introduction of same-sex marriage in Northern Ireland under the Northern Ireland (Executive Formation etc) Act 2019 passed at midnight on 21 October 2019, with abortion becoming legal and the Secretary of State required to issue regulations extending same-sex marriage to Northern Ireland.[61] The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 were signed by Secretary of State Julian Smith on 19 December 2019 and came into effect on 13 January 2020.[6][62][8]

The first same-sex couple in Northern Ireland to legally marry under the new law were Robyn Peoples and Sharni Edwards-Peoples on 11 February 2020 in Belfast.[3][63] Connor Phillips and Shane Robinson were the first male couple to marry in Northern Ireland on 12 February in Newcastle, County Down.[64]

Marriage ceremonies of same-sex couples in religious facilities became permitted in early September 2020, after subsidiary legislation was passed by the Northern Ireland Office.[65] The legislation contains exemptions and protections for religious bodies and officiants that do not wish to conduct same-sex marriages.[65] The first religious same-sex marriage ceremony was performed on 12 December 2020 in Carrickfergus. The officiant was Pastor Steve Ames of the Harbour Faith Community.[66]

Regulations to enable those in civil partnerships to convert their relationship status to marriage were laid in Parliament on 22 October 2020, with the first conversions taking place from 7 December 2020.[67][68]

Two legal challenges to Northern Ireland's same-sex marriage ban were heard in the High Court in November and December 2015.[69] Two couples, Grainne Close and Shannon Sickles and Chris and Henry Flanagan-Kanem, brought the case claiming that Northern Ireland's prohibition on same-sex marriage breached their human rights. The case was heard simultaneously with a case brought in January 2015 in which two men who wed in England sought to have their marriage recognised in Northern Ireland.[69][70] A ruling was handed down in August 2017; Judge John Ailbe O'Hara of the High Court found against the couples and determined that there were no grounds under case law from the European Court of Human Rights that the couples' rights were violated by Northern Ireland's refusal to recognise their union as a marriage and that same-sex marriage was a matter of social policy for the Parliament to decide rather than the judiciary.[71][72]

One of the couples involved in the litigation (who were granted anonymity) said they would appeal the ruling.[73][74] The appeal was heard by a three-judge panel of the Court of Appeal on 16 March 2018; a ruling had been expected some time in 2019.[75] On 7 April 2020, the Court of Appeal in Belfast ruled that same-sex couples faced unjustified discrimination while denied the opportunity to marry in Northern Ireland. But with changes to the law meaning same-sex weddings can take place in Northern Ireland since 11 February 2020, senior judges decided not to make a formal declaration on any human rights breach.[76][77][78]

In 2019, two same-sex couples indicated they would sue the UK Government over bureaucratic obstacles that may have forced them to wait two years before being capable of converting their civil partnerships into marriages.[79] The issue was rectified by further regulations which came into effect in December 2020.[68]

According to the Northern Ireland Statistics and Research Agency (NISRA), 1,436 same-sex civil partnerships were registered between 2005 and 2021. The data is shown in the table below.

Most civil partnerships were conducted in Belfast, the city accounting for about half of all Northern Irish partnerships, followed by Derry City and Strabane, and Newry, Mourne and Down. Mid Ulster and Antrim and Newtownabbey registered the fewest partnerships. In 2015, the average age for men entering civil partnerships was 33.8, whereas for women it was 36.8 (34.3 and 32.2 respectively for married opposite-sex partners).[80][81] There were seven partnership dissolutions in 2015 (five to male couples and two to lesbian couples), compared to 2,360 divorces.

158 same-sex marriages were performed in Northern Ireland in 2020. This constituted 4.2 per cent of the total number of marriages performed in Northern Ireland during that period.[82] This increased to 398 same-sex marriages in 2021.[83]