Thursday, July 28, 2011

Maltese parliament legalises divorce

Malta's parliament on Monday adopted a law authorising divorce that is now set for formal approval by the president and likely to come into force in October in this overwhelmingly Catholic nation.

The law was passed by 52 in favour and 11 against with five abstentions, following a referendum in May which voted in favour of the change despite the opposition of Prime Minister Lawrence Gonzi and his Nationalist Party.

The Mediterranean island state, which has a church every square kilometre, is the only European Union member to ban divorce. 

The Philippines and the Vatican are the only two other sovereign states in the world that outlaw it.

"The amendments to the original Divorce Bill had improved the law but this does not mean I'm happy with it," Gonzi told reporters after Monday's vote.

He added that he would feel "uncomfortable" about the introduction of divorce in Malta, which is "why I voted against it," he said.

He had, however, allowed his MPs to vote according to their conscience and 19 of the Nationalist Party's 35 deputies ended up voting in favour.

Opposition leader Joseph Muscat hailed the vote but said he was disappointed that the prime minister had voted against the people's will in parliament.

The law will allow divorce after legal separation of four years. Much of the debate in parliament was over maintenance for children of divorcees.

The Roman Catholic Church, which looms large over the archipelago where 95 percent of the population is Catholic, did not campaign officially in May's non-binding referendum in which 53 percent of voters cast ballots in favour.

However, Valletta's Archbishop Paul Cremona had warned churchgoers in a letter they faced a choice between building and destroying family values.

In addition, priests reportedly threatened to refuse communion to those who voted "yes". 

Abortion is still banned in Malta.

"The Church's word is no longer heeded," Father Alfred Micallef wrote in an editorial for the Times of Malta on Sunday.

"Few could understand why society should deny divorce to those who wanted it as long as it was not imposed on all," he added.

Legal separation is widespread in Malta but marriages currently can only be annulled by the Catholic Church's Ecclesiastical Tribunal in a complex and rare procedure that takes around eight years.

The only exception to the divorce ban is for Maltese who are married to foreign nationals or Maltese who are permanent residents abroad.

Before Malta, Chile was the last country to legalise divorce in 2004 after overwhelming public pressure.