News
Drs. Katherine Zappone and Ann Louise lodged their Appeal to the Supreme Court late yesterday (February 22) on the grounds that their High Court case for recognition of their Canadian marriage was wrongly decided.
They are hopeful that the Supreme Court case could be heard before the end of 2007.
"We believe that it is in our interest and in the public interest to have this issue clarified in the highest court of the land," Drs Zappone and Gilligan stated.
During the High Court hearing, some of the main points made by the plaintiffs were:
- That the definition of marriage should be developed beyond the understanding of marriage as it was at the time the Constitution was enacted in 1937.
- That the right to marry is a personal right which derives from Article 40 of the Constitution as well as being derived from Article 41 (The Family).
- That the plaintiffs are not treated in the same way as any non-married heterosexual couple. Non-married heterosexual couples may marry; the plaintiffs may not.
- That it is not up to the Oireachtas only to bring about changes to ameliorate recognised difficulties for same sex couples.
In her High Court judgment on their case, Ms. Justice Elizabeth Dunne found that the Irish Constitution meant that marriage was to be confined to persons of the opposite sex. She also found that the refusal to permit same-sex couples to marry in Ireland did not breach the European Convention on Human Rights.
Drs Katherine Zappone and Ann Louise Gilligan disappointed at decision by Judge Elizabeth Dunne not to have costs awarded by the State
Counsel for Drs Katherine Zappone and Ann Louise Gilligan today informed High Court Judge Elizabeth Dunne that they would be appealing the court's judgement not to recognise their Canadian marriage to the Supreme Court.
At a hearing today on costs, the State did not seeks its costs. However, Judge Dunne rejected the argument that the plaintiffs should have their costs paid for by the State adding that she did not believe that the case was of exceptional public interest to waive the normal rules.
Outside the court, Drs Zappone and Gilligan said that they were relieved that the State had ceded its costs but expressed their disappointed with the fact that their costs would not be paid. They also said that they felt that the issues being raised within their case where of public interest.
"While we appreciate and acknowledge the considered judgement of Judge Elizabeth Dunne, we are very disappointed that costs have will not be paid by the State," Dr Zappone said.
"We believe that it is in our interest and in the public interest to have this issue clarified in the highest court of the land which is why we have outlined our intent, in consultation with our legal team, to appeal the High Court decision to the Supreme Court."
Last week, Judge Dunne said that she could not recognise the arguments put forward by the couple for recognition of their marriage in the Irish Constitution. She also said that the recognition of marriage as it was currently defined in the Constitution was not incompatible with the European Convention on Human Rights.
Judge Elizabeth Dunne rules that same sex marriage cannot be recognised within the Irish Constitution
Drs Katherine Zappone and Ann Louise Gilligan say that they are the only kind of human beings in Ireland whose right to marry the person they choose to love is not recognised.
In her Irish High Court judgement today, Judge Elizabeth Dunne said that she could not recognise the arguments put forward by sex couple Drs Katherine Zappone and Ann Louise Gilligan for recognition of their Canadian marriage.
She also said that the recognition of marriage as it was currently defined in the Irish Constitution was not incompatible with the European Convention on Human Rights.
Referring to the recently published Law Reform Commission report on co-habitation, she did indicate that she hoped that legislative changes to deal with the issues of cohabitation would not be long coming.
The Law Reform Commission report refers to cohabitation only and does not refer specifically to the human and equal right to marry if one wishes.
Drs Zappone and Gilligan, while disappointed at the judgement, thanked Judge Elizabeth Dunne for her considered and careful judgement. They stressed that they would have to review the 138 page judgement in detail with their legal team before making a decision on appeal.
"It's simple," Dr Zappone said. "Ann Louise and I love one another. We have requested that the human right to marry is extended to us. We are the only kind of human beings in Ireland whose right to marry the person they choose to love is not acknowledged, not protected and not respected."
"We believe that Ireland will be a land of justice and equality for all human beings," she continued. "We believe that the Irish Constitution does protect and promote our rights ? as it does all others."
Drs Zappone and Gilligan have lived together for 25 years. They were married on September 13th 2003 in Vancouver, British Colombia, Canada. When they returned to Ireland after their Canadian marriage they applied for change of status to both the Registrar General and the Revenue Commissioners.
A copy of the High Court judgement can be downloaded here (MS Word - 327 KB).
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