Home   News   National   Article

NI appeal court declines to intervene after same-sex marriage law change

PA News
Northern Ireland’s Court of Appeal has declined to intervene in a same-sex marriage challenge (Liam McBurney/PA)

Northern Ireland’s Court of Appeal has declined to intervene in a same-sex marriage challenge.

It said the change in legislation this year to allow the unions meant there was no reason to make a further declaration.

Same-sex marriage was legally recognised in Northern Ireland in January.

The Court of Appeal in Belfast said: “The court concluded that, in light of the legislative developments, there was no purpose to be served by making a declaration under Section 4 of the Human Rights Act.”

In July, MPs supported amendments to legislation requiring the Government to extend the right to same-sex couples in Northern Ireland unless the Stormont Assembly was restored by October.

Restoration did not happen until earlier this year following a three-year dispute between former powersharing partners Sinn Fein and the DUP.

In November 2015, a Stormont Assembly vote resulted in a majority in favour of same-sex marriage for the first time.

The DUP vetoed change to the law using a mechanism known as the Petition of Concern.

The court had been asked to rule on the issue by two couples who had entered into civil partnerships in December 2005 – Grainne Close with Shannon Sickles, and Christopher Flanagan-Kane with Henry Flanagan-Kane.

Both couples wished to enter into a marriage but asserted they were prohibited from doing so by law passed in Northern Ireland in 2003, which provided that there was a legal impediment to a marriage if both parties were of the same sex.

The court said: “The court was satisfied that by the time of the delivery of the first instance judgment in this case in August 2017, the absence of same-sex marriage in this jurisdiction discriminated against same-sex couples, that a fair balance between tradition and personal rights had not been struck, and that therefore the discrimination was not justified.”


Close This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.Learn More