New challenge on same sex marriage decision

A FRESH legal challenge is to be brought against the result of the same sex marriage referendum. The latest challenge has been brought by Mr Gerry Walshe, an electrician, from Lisdeen, Kilkee

The Supreme Court last week refused to permit separate legal actions brought by both Mr Walshe and Mr Maurice Lyons from Callan in County Kilkenny bring further appeals against the rejection of their challenges to the Yes result of the same-sex marriage referendum.

The court said, “It would not be necessary in the interests of justice that there be an appeal to the Supreme Court.”

However in a new application, where Mr Walshe will ask the High Court for permission to bring proceedings against the State by way of judicial review, will be made before the duty Judge at today’s (Tuesday) vacation sitting of the Court.

The latest action is understood to relate to the decision by the State to issue and sign the final
referendum certificate in August when a challenge, namely the legal action, which was ultimately dismissed by the Supreme Court, brought by Mr Walsh, against the result was still in being.

The bill formally allowing sex same couples marry, will pass through the Dáil and Seanad over the coming days and weeks.

In its decision last week, the Supreme Court ruled neither Mr Walshe nor Mr Lyons had met the requirements for a Supreme Court appeal as neither had raised the necessary legal point of general public importance, raised no points “of substance” and the interests of justice did not require they be given permission to appeal.

It also noted that because no stay was placed on the certificate of the referendum result after the Court of Appeal decision, “very serious constitutional consequences” might have occurred had it decided to grant leave to appeal.

It said both men, who represented themselves, sought in separate challenges initiated on June 2 to challenge a provisional referendum certificate.

The High Court dismissed their proceedings on June 5. The Court of Appeal upheld that decision on July 30th when dismissing both appeals against the High Court refusal and also lifted the stay on the issuing of final referendum certificate.

The men sought to have their appeals heard by the Supreme Court.

By Aodhan O’Faolain