A Fianna Fáil TD has called on the Minister for Justice, Michael McDowell, to update legislation on affinity relationships, following a ruling that a Galway man cannot marry his late wife's niece.
The man, who is a constituent of Galway East TD Joe Callanan (Fianna Fáil), had been given permission by the Catholic Church to proceed with the marriage. However, he was subsequently informed that he could face criminal prosecution under current legislation.
Minister for Health Mary Harney and Mr McDowell have been informed of the situation, according to Mr Callanan, but he says that neither department is willing to get involved. The difficulty arises in relation to consanguinity and affinity relationships, he says. Prohibited degrees of relationship are covered by the Marriage Act of 1537, as amended by the 1835 Marriage Act, the 1907 Deceased Wife's Sisters Marriage Act and the 1921 Deceased Brother's Widow's Marriage Act.
Some 12 forms of unions are prohibited under "consanguinity", as in a close relative by blood, while some 18 unions are prohibited under "affinity" relationships.
Among these 18 affinity stipulations, a man may not marry his wife's brother's daughter or his wife's sister's daughter. The "affinity" bans are said to reflect a historical, cultural and social tradition, but the Law Reform Commission, in a 1984 report, found that there were no genetic reasons why persons related by affinity should not marry.
An inter-departmental committee on marriage law reform two years ago noted that current rules date to 19th-century religious or cultural mores.
Five years ago, the High Court granted an order declaring that the marriage between a woman and her deceased aunt's husband was lawful and validly registered, and a divorced Cork woman was recently given approval by the High Court to marry her husband's brother.