The Supreme Court ruled unanimously that the first marriage of a man living here with his two wives is valid under Irish law, but the second marriage is not recognised in Irish law while the first one remains in force.
The man while living in Lebanon married his first wife in 1975, and his second in 1988 and has children with both. The Court heard that there are children of both marriages, children who now reside in the State. As both are of the Muslim faith, both marriages were considered valid under Lebanese law and sharia law. While his second marriage was not valid here, it may have legal consequences, the court said. The court in finding the second marriage was invalid under Irish law, commented that the institution of polygamy is not contemplated by the Constitution and is contrary to principles of various international instruments. Giving legal recognition to a polygamous marriage would "give legal effect to discrimination and subordination in a relationship where the principle of equality should hold sway." The court also emphasised that “in the area of immigration, which is where this litigation has its roots, it may well be desirable to have some regard to the reality of familial bonds.” Ms Justice Iseult O'Malley said that the court's conclusions were subject to the right of the Oireachtas to consider and legislate for issues of public policy in accordance with the Constitution.
The question about the first marriage arose because of the refusal of the minister to admit the first wife into the state under the terms of the Refugee Act 1996. The man previously had his case heard in the High Court in 2010, in which the Judge dismissed the husband’s application under the Family Law Act 1995, as the Judge believed that the polygamous marriage was incompatible with the definition of marriage under the Irish Constitution. He went on to emphasize that the definition of marriage developed in 1937 had remained unchanged despite the removal of the prohibition on divorce. The primary question for the Supreme Court to answer was whether Irish Law could recognise either of the appellant’s marriages, with the court deciding that the first marriage was capable of recognition only. The court also emphasised the ability of the court to refuse recognition on the grounds of public policy. Mr Justice Frank Clarke commented that there was a strong need that attention be given to the question of whether or not legislation should be enacted on this issue.
For a copy of the judgement click here.
For further commentary click here and here.