Campaign for Homosexual Law Reform
Encyclopedia
The Campaign for Homosexual Law Reform was an organisation set up to campaign for the decriminalisation of homosexuality
in the Republic of Ireland
and Northern Ireland
in the 1970s. Its most prominent leader was David Norris, an English studies lecturer in Trinity College, Dublin
, Joycean scholar and from the 1980s to the present a member of Seanad Éireann
.
, the first long-term LGBT rights organization in Ireland, and a group of law students known as the Campaign for Homosexual Law Reform.
Its first legal advisor was Mary McAleese
, Reid Professor of Law at Trinity College, Dublin
, future President of Ireland
; she served as legal advisor from 1975 to 1979, when she left her professorial position to join RTÉ
. She was succeeded in that role in the 1980s by Mary Robinson
, a former Reid Professor of Law and then-Trinity College Senator, who later became the first female President of Ireland
.
Norris took a case to the Irish High Court in 1980 seeking a declaration that the laws of 1861 and 1885 which criminalised homosexual conduct were not in force since the enactment of the Constitution of Ireland
. Article 50 of the Constitution provides that laws enacted before the Constitution that are inconsistent with it would no longer be in force. The case was lost on legal grounds and the decision was upheld on appeal to the Supreme Court of Ireland which referred in its judgment to Christian moral teaching and the needs of society.
Norris then took a case in 1983 to the European Court of Human Rights
claiming that the Irish laws breached the state's obligations under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, regarding respect for private life (Norris v. Ireland
). In a 1988 ruling, the court found that the Irish laws were in breach of the convention and directed the state to pay costs to Norris.
No reform action was taken by the then government of Taoiseach
Charles Haughey
. When Albert Reynolds
succeeded as Taoiseach in 1992, he declared that it was low on his list of priorities. However, in his subsequent coalition Fianna Fáil
/Labour Party
government, as a result of pressure from the Labour Party the laws were reformed by the Minister for Justice, Máire Geoghegan-Quinn
in 1993. She was noted for insisting that an equal age of consent be provided for homosexuals and heterosexuals
alike.
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
in the 1970s. Its most prominent leader was David Norris, an English studies lecturer in Trinity College, Dublin
Trinity College, Dublin
Trinity College, Dublin , formally known as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was founded in 1592 by letters patent from Queen Elizabeth I as the "mother of a university", Extracts from Letters Patent of Elizabeth I, 1592: "...we...found and...
, Joycean scholar and from the 1980s to the present a member of Seanad Éireann
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
.
History
While serving as a lecturer at Trinity College, Norris and a group of other students informally established the Sexual Liberation Movement in 1974. It was short-lived, but two of the splinter organizations formed on campus were the Dublin University Gay SocietyTrinity LGBT
The Dublin Lesbian, Gay, Bisexual and Transgender Society, also known as Q Soc - Trinity LGBT is a society which supports the needs of lesbian, gay, bisexual and transgender students and their friends in Trinity College Dublin. The LGBT organises social and community events while offering help and...
, the first long-term LGBT rights organization in Ireland, and a group of law students known as the Campaign for Homosexual Law Reform.
Its first legal advisor was Mary McAleese
Mary McAleese
Mary Patricia McAleese served as the eighth President of Ireland from 1997 to 2011. She was the second female president and was first elected in 1997 succeeding Mary Robinson, making McAleese the world's first woman to succeed another as president. She was re-elected unopposed for a second term in...
, Reid Professor of Law at Trinity College, Dublin
Trinity College, Dublin
Trinity College, Dublin , formally known as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was founded in 1592 by letters patent from Queen Elizabeth I as the "mother of a university", Extracts from Letters Patent of Elizabeth I, 1592: "...we...found and...
, future President of Ireland
President of Ireland
The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
; she served as legal advisor from 1975 to 1979, when she left her professorial position to join RTÉ
Raidió Teilifís Éireann
Raidió Teilifís Éireann is a semi-state company and the public service broadcaster of Ireland. It both produces programmes and broadcasts them on television, radio and the Internet. The radio service began on January 1, 1926, while regular television broadcasts began on December 31, 1961, making...
. She was succeeded in that role in the 1980s by Mary Robinson
Mary Robinson
Mary Therese Winifred Robinson served as the seventh, and first female, President of Ireland from 1990 to 1997, and the United Nations High Commissioner for Human Rights, from 1997 to 2002. She first rose to prominence as an academic, barrister, campaigner and member of the Irish Senate...
, a former Reid Professor of Law and then-Trinity College Senator, who later became the first female President of Ireland
President of Ireland
The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
.
Norris took a case to the Irish High Court in 1980 seeking a declaration that the laws of 1861 and 1885 which criminalised homosexual conduct were not in force since the enactment of the Constitution of Ireland
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...
. Article 50 of the Constitution provides that laws enacted before the Constitution that are inconsistent with it would no longer be in force. The case was lost on legal grounds and the decision was upheld on appeal to the Supreme Court of Ireland which referred in its judgment to Christian moral teaching and the needs of society.
Norris then took a case in 1983 to the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
claiming that the Irish laws breached the state's obligations under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, regarding respect for private life (Norris v. Ireland
Norris v. Ireland
Norris v. Ireland was a 1988 case decided by the European Court of Human Rights. The case was brought against the Republic of Ireland by Senator David Norris, and his Senior Counsel was fellow member of the Campaign for Homosexual Law Reform, Mary Robinson, who later became the first female...
). In a 1988 ruling, the court found that the Irish laws were in breach of the convention and directed the state to pay costs to Norris.
No reform action was taken by the then government of Taoiseach
Taoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
Charles Haughey
Charles Haughey
Charles James "Charlie" Haughey was Taoiseach of Ireland, serving three terms in office . He was also the fourth leader of Fianna Fáil...
. When Albert Reynolds
Albert Reynolds
Albert Reynolds , served as Taoiseach of Ireland, serving one term in office from 1992 until 1994. He has been nominated for the Nobel Peace Prize...
succeeded as Taoiseach in 1992, he declared that it was low on his list of priorities. However, in his subsequent coalition 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...
/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...
government, as a result of pressure from the Labour Party the laws were reformed by the Minister for Justice, Máire Geoghegan-Quinn
Máire Geoghegan-Quinn
Máire Geoghegan-Quinn is an Irish politician, and is the current European Commissioner for Research, Innovation and Science. She previously served as a Fianna Fáil Teachta Dála for the Galway West constituency from 1975 to 1997...
in 1993. She was noted for insisting that an equal age of consent be provided for homosexuals and heterosexuals
Heterosexuality
Heterosexuality is romantic or sexual attraction or behavior between members of the opposite sex or gender. As a sexual orientation, heterosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, physical or romantic attractions to persons of the opposite sex";...
alike.
See also
- LGBT rights in the Republic of Ireland
- Civil unions in Ireland
- List of LGBT rights organizations