Ten Years On: Reflecting on LGBTQI+ Rights in Ireland and the Road Ahead

by Grace Holmes, Legal Executive.

After pride celebrations last week and throughout the month of June, it’s timely to reflect on the legal position of LGBTQI+ people in Ireland. 

We should acknowledge that we have come a long way as a country and society, thanks to many influential figures who have paved the way for legal change for the rights of LGBTQI+ people. People such as Senator David Norris, Katherine Zappone and Dr Lydia Foy have all played vital roles in the fight for equality, helping to shape the current legal landscape for LGBTQI+ rights.

This year marks the ten-year anniversary of the 34th amendment to the Irish Constitution, which legalised same sex marriage. Ireland became the first country to do so by popular vote, with the referendum passing in 2015. The Marriage Act 2015 gave legal effect to this historic result. The Gender Recognition Act 2015 was also passed that year which allowed individuals to legally change their gender through self-declaration, another important change in the journey towards equality.

These legislative and Constitutional changes were extremely important for the LGBTQI+ community to progress towards equal rights. There have been 6,000 same-sex weddings celebrated in Ireland in the ten years since this legalisation, amounting to 3.3% of marriages that have taken place in Ireland since 2016. 

This anniversary is an opportunity to celebrate progress but also to draw attention to the work that remains to be done in order to achieve substantive equality. 

Despite the legal developments, the area of family law has room for many improvements in relation to same-sex parents. In 2020 the Children and Family Relationships Act came into effect, providing a legal framework for some same-sex couples to be recognised as legal parents. This legislation primarily benefited female same-sex couples and allowed for non-birth parents to be named on the birth certificate in certain Assisted Human Reproduction situations. 

However, the limited scope of this legislation has affected many families who do not fit specific criteria. For example, it only applies where the Assisted Human Reproduction procedure took place in Ireland, leaving families who used facilities abroad without legal recognition, In response, the Health (Assisted Human Reproduction) Act 2024 was passed to address this gap. Parents who used Assisted Human Reproduction services outside the state can now apply for a declaration of parentage, as provided for in this act.

Male same-sex couples continue to face significant legal challenges, particularly where surrogacy is involved. There is currently no comprehensive surrogacy legislation in Ireland and parents must often pursue a court-based declaration of parentage following the birth of their child. Irish family law has traditionally prioritised the rights of the gestational mother, which has resulted in significant legal challenges for same-sex male couples seeking parental recognition. 

Ireland has yet to enact a formal ban on conversion practices, which is extremely damaging to the LGBTQI+ community. As of 2024, a bill to prohibit conversion therapy is in the drafting stage. The proposed legislation aims to outlaw practices that seek to change or suppress a person’s sexuality or gender identity, which have been widely condemned by medical and psychological experts as harmful and unethical. The Government have committed themselves to introducing legislation in this area, however there is still none to date. 

Recently Ireland has taken significant steps in strengthening protections against hate speech and hate crimes. The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Act 2024 modernised outdated laws and explicitly includes sexual orientation, gender identity, and sex characteristics among the protected grounds. The legislation criminalises both incitement to hatred and acts motivated by hate. While the law has been welcomed by many LGBTQI+ advocates as a long-overdue measure, it has also sparked public debate around the balance between protecting marginalised communities and preserving freedom of expression.

The progress on recognising intersex and non-binary people has been limited thus far. The Gender Recognition Act 2015 only allows for male or female options, but 2023 amendments showed a willingness to explore broader gender recognition. Advocacy continues for legal recognition of non-binary identities and protections for intersex people, but concrete reforms have yet to be introduced.

While Ireland has made remarkable strides in advancing LGBTQI+ rights over the past decade, significant challenges remain—particularly in areas like family law, surrogacy, and full legal recognition of diverse gender identities. Continued legislative reform, coupled with social acceptance and advocacy, will be essential to achieving true equality and inclusion for all members of the LGBTQI+ community. As we reflect on how far we’ve come, this anniversary serves as a powerful reminder of the work still to be done to ensure that every person, regardless of their identity, can live with dignity, security, and equal rights under the law.

Sources: 

1. 1. Sarah Magliocco, ‘’We must become unavoidable: 10 years of the Marriage Referendum’’ RTE (5th June 2025) 
   2. Irish Legal News ‘’New legislation on assisted human reproduction and surrogacy’’
   3. `’’Rights of same-sex couples’’, Citizens Information 
   4. Kitty Holland, ‘’Almost 6,000 same-sex couples have wed in 10 years since marriage equality referendum’’ The Irish Times (21st May 2025)
   5. Gender Recognition Act 2015 
   6. Marriage Act 2015

• Children and Family Relationships Act 2015
• Health (Assisted Human Reproduction) Act 2024