Daily Mirror (Northern Ireland)
We are treated differently because of today’s result
Outrage as judge dismisses same-sex marriage cases
A HIGH Court judge yesterday dismissed a challenge to same-sex marriage in Northern Ireland.
If successful, it would have allowed couples who wed outside Ulster to have their marriages recognised here in law.
It would also have permitted people in same-sex relationships to have their marriage status accepted and recognised in law in Northern Ireland.
Mr Justice O’hara said: “There is no substantive case to be answered.
“Strasbourg does not impose on member states any obligation to recognise same-sex marriage. I hereby dismiss this application for judicial review.”
Three couples had challenged the current law with a two-pronged process.
An anonymous couple known as Petition X wanted their marriage in England recognised here instead of it being downgraded to civil partnership.
And Grainne Close and Shannon Sickles, together with Chris and Henry Flanagan-kane, took the second part of the challenge.
They had argued the ban breached their human rights and wanted a judicial review.
But the judge told the court:
“It is not at all difficult to understand how gay men and lesbians who have suffered discrimination, rejection and exclusion feel so strongly about the maintenance in Northern Ireland of the barrier to same-sex marriage. However, the judgment which I have to reach is not based on social policy but on the law.”
Outside court, Ms Close said they were devastated by the ruling.
She added: “This is a personal matter – we have families and our children are being treated differently because of today’s result.”
Ruling on the Petition X case, Mr Justice O’hara said: “While the NI Human Rights Commission supports an equal level of human rights protection across the United Kingdom, its Chief Commissioner wrote on 11 June, 2012, that ‘the restriction of marriage to opposite sex couples does not violate the international standards and this is clear from both the international treaties and the jurisprudence of the European Court of Human Rights and the United Nations Human Rights Committee’.
“In my view the Chief Commissioner was correct to make that statement.”
He added the House of Lords declared that an unmarried couple could be considered as adoptive parents despite a specific statutory provision that only married couples could be considered.
Ruling on the second challenge, the judge added: “That judgment was heavily influenced by the conclusion that the Strasbourg Court which had previously taken a contrary view would no longer do so. There is simply no reason in this case to believe the Strasbourg Court will take a different view in the foreseeable future in light of its clear, repeated and recent rulings.”
After the hearing, Gavin Boyd of the Rainbow Project said the fight isn’t over.
He added: “It is now the responsibility of the Assembly and, in the Assembly’s absence, it is up to Thesesa May’s Government to ensure all citizens on these islands have the exact same rights to life, liberty and love as everyone else. This campaign is not over yet.”
The judgment had been expected at 2pm and as it grew closer #marriageequaility started trending on social media with all eyes on Northern Ireland.
Interest from the public and media was so vast that more seating was required inside the court.
And disappointment at yesterday’s result did little to weaken the resolve of the petitioners.
Henry Flanagan-kane unfurled a rainbow flag outside and said: “It doesn’t matter, we are in this for the long haul.”
Ms Sickles asked for support as they continue their campaign.
She added: “We’re calling on the public and the wider support network to pledge their support in this long-term appeals process to bring human rights to all citizens in Northern Ireland.”