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2011 Maltese divorce referendum
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May 2020
28 May 2011 Malta 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 years, and where there is no reasonable hope for reconciliation between the spouses, whilst adequate maintenance is guaranteed and the children are protected? 122,547 107,971 232,691 325,102 center|300px district Note: Saturation of colour denotes strength of vote
A referendum on divorce was held in Malta 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 and the Vatican City) in which divorce was not permitted.https://www.google.com/hostednews/afp/article/ALeqM5ggvZ-jF8tctPa7jhyr6eQ3oBqWJA?docId=CNG.d73a80696980e3b5a3d31c519ccb3846.4e1 https://web.archive.org/web/20110527154311/http://www.google.com/hostednews/afp/article/ALeqM5ggvZ-jF8tctPa7jhyr6eQ3oBqWJA?docId=CNG.d73a80696980e3b5a3d31c519ccb3846.4e1 dead 27 May 2011 Malta to hold divorce referendum in May (AFP) 16 March 2011 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 was tabled in the House of Representatives by Jeffrey Pullicino Orlando, then a Nationalist Member of Parliament and Evarist Bartolo, then a Labour Member of Parliament.http://www.parlament.mt/file.aspx?f=14019 Motion No. 206 – Private Members Bill – Civil Code (Amendt) Bill – (1st Reading) – Presented by Hon Jeffrey Pullicino Orlando MP and Hon Evarist Bartolo MP (the Eleventh Parliament) 30 May 2011 7 August 2011 https://web.archive.org/web/20110807061101/http://www.parlament.mt/file.aspx?f=14019 dead 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.http://www.abc.net.au/news/stories/2011/05/31/3231202.htm?section=justin https://archive.today/20121231075417/http://www.abc.net.au/news/stories/2011/05/31/3231202.htm?section=justin dead 31 December 2012 Malta votes to introduce divorce laws ABC (Australia) 31 May 2011 31 May 2011 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.https://www.theguardian.com/world/2011/may/27/malta-votes-on-divorce-catholic-church Malta prepares to vote in historic referendum to allow divorce The Guardian 27 May 2011 30 May 2011
Question
Ballot papers had both English and Maltese 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?Writ by the President of Malta dated 28th March, 2011 Department of Information
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.http://www.maltatoday.com.mt/news/national/referendum-question-does-not-reflect-divorce-bill-–-tonio-fenech Referendum question does not reflect divorce bill – Tonio Fenech Malta Today 16 March 2011 30 May 2011 dead https://web.archive.org/web/20110525190415/http://www.maltatoday.com.mt/news/national/referendum-question-does-not-reflect-divorce-bill-%E2%80%93-tonio-fenech 25 May 2011
Results
122547 107971 2173 325102 Department of Information
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.https://www.independent.co.uk/news/world/europe/malta-to-legalise-divorce-after-bitter-referendum-2290802.html https://ghostarchive.org/archive/20220501/https://www.independent.co.uk/news/world/europe/malta-to-legalise-divorce-after-bitter-referendum-2290802.html 1 May 2022 subscription live Malta to legalise divorce after bitter referendum The Independent 30 May 2011 30 May 2011
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.https://www.bbc.co.uk/news/world-europe-14285882 MPs in Catholic Malta pass historic law on divorce BBC News 25 July 2011 16 July 2011
See also
Divorce in Malta
References
Divorce
Malta
Category:Referendums in Malta
Category:Law of Malta
Category:Social history of Malta
Category:Marriage reform
Malta
Category:Divorce referendums