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Two couples to launch bid to quash Northern Ireland gay marriage ban Northern Ireland gay marriage ban is state discrimination, court told
(about 5 hours later)
Two gay couples are set to begin a legal challenge aimed at overturning Northern Ireland’s ban on same-sex marriage. Northern Ireland’s ban on gay marriage suggests to the rest of the world a “backward-looking and divided” society, the high court in Belfast has heard.
Gráinne Close and Shannon Sickles, and Chris and Henry Flanagan-Kane have been granted permission for a judicial review of the Northern Ireland assembly’s repeated refusal to legislate for gay marriage. Two gay couples – Gráinne Close and Shannon Sickles and Chris and Henry Flanagan-Kane – have been granted permission for a judicial review of the Northern Ireland assembly’s repeated refusal to legislate for gay marriage.
The Democratic Unionist party, along with a majority of Ulster Unionists, have vetoed five proposals in the regional parliament to introduce same-sex marriage in Northern Ireland. Their lawyers believe the refusal is in breach of the European convention on human rights. David McMillen QC said in court on Thursday: “Northern Ireland stands out as effectively a blot on the map … It’s nothing less than state discrimination of a class of people who have been marginalised for many years.”
The region is the only part of the UK where same sex-marriage is not recognised in law. Amnesty International has described the case, expected to start on Thursday, as hugely significant. He continued: “The life-long commitment of these four applicants is the same in every respect as that of any other couple. Those relationships deserve to be recognised as such by having equal access to civil marriage. It’s demeaning and offensive that their unions have been relegated to a second-class status, namely civil partnerships.”
Patrick Corrigan, Amnesty’s Northern Ireland programme director, said: “Success in this case could have positive implications for thousands of other couples in Northern Ireland. Following the repeated failure of the Northern Ireland assembly to legislate for marriage equality, couples have been forced into the courtroom to demand equal treatment before the law. The Democratic Unionist party has vetoed five proposals in the regional parliament to introduce same-sex marriage. Under the complex rules of power-sharing in Northern Ireland, the DUP can use a mechanism known as a “petition of concern” to veto any legislation that it believes cannot command both Protestant and Catholic support.
Related: Couples challenge Northern Ireland's gay marriage ban in court McMillen said the DUP’s use of a petition of concern on this issue was “manifestly inappropriate”. He said the ban on same-sex marriage in Northern Ireland was “perhaps the last great legislative instance of discrimination”.
“It is unacceptable that they have been obliged to sue the government in order to have what the rest of society takes for granted – for the state to recognise their right to get married.” The couples’ case will be heard by Mr Justice Treacy at Belfast’s high court. The DUP, especially assembly members who belong to evangelical Christian churches, claims to represent a silent majority. However, an Ipsos Mori poll in July found that 68% of people in Northern Ireland were in favour of same-sex marriage equality.
The DUP, especially those assembly members belonging to evangelical Christian churches, claims it represents a silent, socially conservative, majority in Northern Ireland. However, an Ipsos Mori poll in July found 68% of people in Northern Ireland were in favour of same-sex marriage equality.