Maltese divorce referendum, 2011
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A referendum on divorce was held in
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
on 28 May 2011. Voters were asked whether they approved of a new law to introduce allowing divorces, as at that time, Malta was one of only three countries in the world (along with the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
and the
Vatican City Vatican City (), officially the Vatican City State ( it, Stato della Città del Vaticano; la, Status Civitatis Vaticanae),—' * german: Vatikanstadt, cf. '—' (in Austria: ') * pl, Miasto Watykańskie, cf. '—' * pt, Cidade do Vati ...
) in which divorce was not permitted. The proposal was approved by 53% of voters, resulting in a law allowing divorce under certain conditions being enacted later in the year.


Background

A
private member's bill A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in wh ...
was tabled in the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
by Jeffrey Pullicino Orlando, then a
Nationalist Nationalism is an idea and movement that holds that the nation should be congruent with the state. As a movement, nationalism tends to promote the interests of a particular nation (as in a group of people), Smith, Anthony. ''Nationalism: Th ...
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 A pastoral letter, often simply called a pastoral, is an open letter addressed by a bishop to the clergy or laity of a diocese or to both, containing general admonition, instruction or consolation, or directions for behaviour in particular circumst ...
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 is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost ...
by the Catholic Church.


Question

Ballot papers had both English and Maltese questions printed on them. The English version of the question put to voters was as follows: 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.


Results

Although for the purposes of the referendum the whole country was regarded to be a single constituency - taking into account electoral districts - in only three out of the thirteen did the "no" vote reach a majority.


Aftermath

Discussion on the divorce bill started in earnest soon after the result was announced. In the second and third readings a number of MPs still voted against the bill. Parliament approved the law on 25 July. The law came into effect on 1 October.


See also

*
Divorce in Malta This article is a general overview of divorce laws around the world. Every nation in the world allows its residents to divorce under some conditions except the Philippines (though Muslims in the Philippines have the right to divorce) and the Vati ...


References

{{Maltese elections 2011 in Malta
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
Referendums in Malta Divorce law Law of Malta History of Malta Marriage reform May 2011 events in Europe Divorce referendums