PREVIEW: Irreconcilable differences as Malta decides on divorce

By Herman Grech May 26, 2011, 10:11 GMT

Valletta, Malta - Maltese university student Sarah Mallia had just turned 13 when her parents' marriage collapsed after what she describes as two years of arguments and tension.

Attempts at reconciliation failed and her parents went their separate ways.

That was eight years ago. Since then, Mallia's parents have each settled down with new partners with whom they wish to tie the knot.

But this is impossible in Malta, the only country in the world with the Philippines where divorce is prohibited.

'My parents weren't meant to be together. They have both moved on and today I see love when I see them with their partners,' Mallia said.

She hopes her parents' dream to pursue married lives will finally come true thanks to a May 28 referendum on whether divorce should be introduced in Malta.

A member of the ruling Catholic-rooted Nationalist Party, Jeffrey Pullicino Orlando, rocked the Maltese political establishment when last July he presented a divorce bill in parliament.

Rejecting Pullicino Orlando's proposal, the government said it had no mandate to introduce divorce. Following a narrow vote, parliament opted for the referendum, which is however non-binding.

Since then, Malta - the European Union's smallest member state - has been split over the divorce issue.

Prime Minister Lawrence Gonzi, a staunch Catholic, is opposed to divorce, but says he will allow his party's parliamentarians freedom of choice over the legislation in the event of a victory for the 'yes' vote in the referendum.

The opposition Labour Party has not taken an official position on the matter, though leader Joseph Muscat has stressed the importance of voting for the introduction of divorce.

Ahead of the May 28 vote, in which 330,000 are eligible to vote, the tense and emotional climate has been reminiscent of a previous, highly divisive referendum: the one held in 2003 in which a majority of Maltese opted to join the EU.

Those opposing divorce have tried to spark fear of what they say is the impending 'darkness,' including erecting street billboards depicting a pair of scissors about to snip through the cut-out figures of a family.

The pro-divorce camp, especially youngsters, have lobbied on Facebook and other internet social fora championing the need for Malta to move on with the times and calling on the government to live up to its secular name.

There are indeed signs that Maltese society has changed in recent years, with the Catholic Church wielding less influence than it did decades ago.

Separations have shot up and the number of failed marriages in Malta is expected to exceed 17 per cent of all unions by 2015.

The number of Maltese marriages that were annulled - a Church-sanctioned termination of marriage on grounds such as the refusal by one partner to have children - together with the number of couples who were granted legal separations, has risen by 160 per cent in 10 years.

Maltese law only permits the Church-endorsed annulment, but some loopholes do exist, with courts recognizing divorces obtained abroad. This, however, is an option often only available to more affluent couples.

Deborah Schembri, who heads the pro-divorce movement, told the German Press Agency dpa she has seen too many Maltese facing a predicament.

'The negative aspects of marital breakdown are with us already. Anyone familiar with the family court will tell you this,' said. Schembri, a 35-year-old single mother.

She envisages a tough fight against a powerful Church establishment which is bound to influence thousands of devout voters.

Before the referendum campaign kicked off, Malta's top cleric, Archbishop Paul Cremona, vowed there would be no 'crusade' against divorce. But the Maltese Church recently admitted it had to rebuke some priests who went overboard in their warnings against divorce.

In some cases, people have reportedly walked out of Mass to protest the tone used by priests preaching against divorce.

At least one priest refused to administer Holy Communion to a woman after learning the she intended to vote 'yes' in the referendum.

Many priests say they are merely echoing the appeal made by Pope Benedict XVI during his visit to Malta in April 2010, when he urged the islanders to continue standing up for the indissolubility of marriage.

It is a sentiment strongly shared by Andre Camilleri, a lawyer who heads the anti-divorce campaign.

Camilleri insists there was 'clear evidence' divorce leads to an increase in cohabitation and reduction in marriages.

'Our group believes that, with proper preparation for marriage and adequate support, but without the option of the unilateral no-fault divorce which is being proposed, the rate of marital breakdown can decrease,' he said.

The divorce legislation being proposed is moulded along the same lines as that of another Catholic EU country, Ireland: couples only becoming eligible for divorce after four years of separation.

Surveys suggest the result of the referendum is too close to forecast. Still, whatever the outcome, and given the hotly-debated nature of the issue, no Maltese government can now afford to ignore the divorce issue.