Maltese divorce referendum, 2011
Encyclopedia
The divorce referendum was held in Malta
on 28 May 2011 to consult the electorate on the introduction of divorce
, and resulted in a majority of the voters approving legalisation of divorce. At that time, Malta was one of only three countries in the world, along with the Philippines
and the Vatican City
, in which divorce was not permitted. As a consequence of the referendum outcome, a law allowing divorce under certain conditions was enacted in the same year.
was tabled in the House of Representatives by Jeffrey Pullicino-Orlando, a Nationalist
Member of Parliament. The text of the bill, which had been changed twice, did not provide for the holding of a referendum. This was eventually provided for through a separate Parliamentary resolution under the Referenda Act authorising a facultative, non-binding referendum to be held.
The Catholic Church in Malta encouraged a "no" vote through a pastoral letter issued on the Sunday before the referendum day. Complaints were made that religious pressure was being brought to bear upon voters. Around 8 per cent of marriages in Malta are already annulled
by the Catholic Church.
questions printed on them.
The English version of the question put to voters was as follows:
The Maltese version was:
The question, which resembled the proposal approved by Irish voters in the Irish divorce referendum of 1995
, was somewhat controversial. It was claimed that it did not reflect the content of the private member's bill.
Malta
Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
on 28 May 2011 to consult the electorate on the introduction of divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
, and resulted in a majority of the voters approving legalisation of divorce. At that time, Malta was one of only three countries in the world, along with the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
and the Vatican City
Vatican City
Vatican City , or Vatican City State, in Italian officially Stato della Città del Vaticano , which translates literally as State of the City of the Vatican, is a landlocked sovereign city-state whose territory consists of a walled enclave within the city of Rome, Italy. It has an area of...
, in which divorce was not permitted. As a consequence of the referendum outcome, a law allowing divorce under certain conditions was enacted in the same year.
Background
A private member's billPrivate Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
was tabled in the House of Representatives by Jeffrey Pullicino-Orlando, a Nationalist
Nationalist Party (Malta)
The Nationalist Party is one of two major contemporary political parties in Malta, along with the Labour Party. It was founded by Fortunato Mizzi in 1880 as the Anti-Reform Party, opposing taxation decreed by the British colonial authorities and measures to Anglicise the educational and the...
Member of Parliament. The text of the bill, which had been changed twice, did not provide for the holding of a referendum. This was eventually provided for through a separate Parliamentary resolution under the Referenda Act authorising a facultative, non-binding referendum to be held.
The Catholic Church in Malta encouraged a "no" vote through a pastoral letter issued on the Sunday before the referendum day. Complaints were made that religious pressure was being brought to bear upon voters. Around 8 per cent of marriages in Malta are already annulled
Annulment (Catholic Church)
In the Roman Catholic Church an annulment is the procedure, governed by the Church's Canon Law and the Catechism, whereby an ecclesial tribunal determines the sacrament of marriage was invalidly entered into. An annulment determines the Catholic marriage to be void at its inception...
by the Catholic Church.
Question
Ballot papers had both English and MalteseMaltese language
Maltese is the national language of Malta, and a co-official language of the country alongside English,while also serving as an official language of the European Union, the only Semitic language so distinguished. Maltese is descended from Siculo-Arabic...
questions printed on them.
The English version of the question put to voters was as follows:
- Do you agree with the introduction of the option of divorce in the case of a married couple who has been separated or has been living apart for at least four (4) years, and where there is no reasonable hope for reconciliation between the spouses, whilst adequate maintenance is guaranteed and the children are protected?
The Maltese version was:
- Taqbel mal-introduzzjoni tal-għażla tad-divorzju f’każ ta’ koppja miżżewġa li tkun ilha separata jew tkun ilha ma tgħix flimkien għal mill-anqas erba’ (4) snin, u meta ma jkun hemm l-ebda tama raġjonevoli ta’ rikonċiljazzjoni bejn il-miżżewġin, filwaqt li jkun garantit manteniment adegwat u jkunu mħarsa t-tfal?
The question, which resembled the proposal approved by Irish voters in the Irish divorce referendum of 1995
Fifteenth Amendment of the Constitution of Ireland
The Fifteenth Amendment of the Constitution of Ireland repealed the constitutional prohibition of divorce. It was effected by the Fifteenth Amendment of the Constitution Act, 1995, which was approved by referendum on 24 November 1995 and signed into law on 17 June 1996.-Changes to the...
, was somewhat controversial. It was claimed that it did not reflect the content of the private member's bill.