We are currently working on a Constitutional challenge to the Civil Registration Act 2004. Our clients, Dr. Anne Louise Gilligan and Senator Katherine Zappone are seeking to have their right to marry recognised in this State as a Constitutional right. One of the core arguments in this case for same sex marriage is that every person should enjoy an equal right to marry and that same sex couples should not be discriminated against on the basis of their sexuality.
Our challenge is being brought against a backdrop of increasingly progressive legal developments in Europe. However, outside Europe, there has been a notable increase in discrimination and discriminatory legislation curbing the rights of LGBT people.
A new law recently introduced in Russia will punish anybody disseminating information about homosexuality to anyone under 18. This new law has been accompanied by a wave of disturbing violence targeting LGBT people. Furthermore, Russia has failed to comply with a 2010 judgement at the European Court of Human Rights that requires it to allow gay pride events.
The developments in Russia have provoked widespread criticism and an angry response across Europe. There are now strong calls being made for Russia to be stripped of holding the Winter Olympics, due to be held in Sochi in 2014.
Russia is not alone in implementing harsh laws in violation of international human rights obligations. In Iran, homosexuality is punishable by death. In Cameroon, there is ongoing prosecution and harassment of anyone who is openly gay and of LGBT rights activists. In Nigeria, anti-gay laws are becoming increasingly draconian and a bill was recently passed outlawing same sex marriage making it is punishable with a 14 year prison sentence. Meanwhile in Uganda and Zimbabwe regressive legislation also seems likely.
These regressive developments are however in sharp contrast to progressive developments in Europe and the Americans.
The number of European countries legalising same-sex marriage continues to grow. England is the most recent country to have introduced such legislation: the Marriage (Same Sex Couples) Bill became law on 17th July 2013. Meanwhile, the US Supreme Court ruled in June 2013 that married same-sex couples are to be entitled to federal benefits although the court declined to say whether there was a constitutional right to such unions.
These developments are to be strongly welcomed and it is hoped that Ireland will soon welcome in legislation in favour of same-sex marriage in line with their European counterparts.
Rebecca Keatinge
One worthwhile task carried to a successful conclusion is worth half-a-hundred half-finished tasks.
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