Feminist Foresight in Statelessness
opposed altering a law regarding the nationality of married women. 87 However,
O’Higgins suggested that Britain was not in agreement either about altering the
law, and claimed that Britain was using South Africa and Ireland as scapegoats for
their inaction on women’s equality. 88 He argued that if the position of South Africa
and Ireland became known then they would be ‘delivered into the hands of the
feminist organisations of the Commonwealth of Nations as a whole burnt offering
… and would be represented as the enemies of mankind’. 89 O’Higgins wanted the
draft report to protect the anonymity of the delegates, and, according to Mary Daly
it appears that he had his way. 90
Ireland was at the time a burgeoning Catholic Church-dominated state. At the
Imperial Conference, O’Higgins claimed that separate nationalities for husband
and wife were ‘not quite in accord with the concept of a Christian marriage’. 91
This was echoed at the international level by a number of Catholic associations
fiercely opposed to equal nationality rights between men and women. 92 Such
Catholic organisations argued that the unity of the family must be protected
through a commonly shared nationality by mother, father and children. A
memorandum by the International Union of Catholic Women’s Associations
stated that the aim of any new laws on nationality should not be the emancipation
of women. 93 On the other hand, there were Catholic organisations that maintained
that equal nationality rights between men and women had in no way affected
family unity. These organisations cited Argentina, Chile, Paraguay and Uruguay
as Catholic countries where no distinctions on the basis of sex were made in
nationality laws. 94 Furthermore, two Catholic petitions, one signed by men, one
by women, were sent to the League of Nations in 1932, in support of equal
nationality laws. The petitions received 8,000 signatures from 23 countries. 95
In Ireland, shifting political landscapes and leaders would eventually change
the state’s position on GDNL. Following a general election in Ireland in 1932,
O’Higgins’s party Cumann na nGaedheal (The Irish People’s Party) was defeated
by Fianna Fáil (The Soldiers of Destiny). Éamon de Valera became Prime Minister
and, in the same year, became acting president of the League of Nations. De
Valera, who was born in New York to an Irish mother and a Cuban father,
favoured gender-neutral laws, but only up to a point, as will be seen. By 1935,
under Fianna Fáil’s rule, some progress was made and Irish nationality by descent
was permitted, in certain circumstances, through either parent:
[A] person born before 6 December 1922 [the date of the adoption of the
Constitution of the Irish Free State, the first Irish constitution] outside the state
could claim Irish citizenship … if one parent had been born in Ireland. But for those
born outside the state after that date, citizenship could be transmitted only through
the father. 96
87
88
89
90
91
92
93
94
95
96
ibid 250.
ibid.
ibid 251.
ibid 251 n 23.
ibid 249.
ibid 254.
ibid.
Guerry (n 7) 89.
ibid.
Daly (n 7) 260.
55