THE latest legal challenge by a County Clare man against the result of the same-sex marriage referendum has been dismissed by the High Court. Gerry Walshe, an electrician, of Lisdeen, Kilkee asked the High Court to quash the Referendum Returning Officer’s decision to certify the result last August, which had the effect of formally confirming the outcome of the ballot. In a ruling on Wednesday evening, Ms Justice Margaret Heneghan dismissed Walshe’s demands for several orders that would have frozen proposed new legislation currently before Dáil Éireann enabling same-sex couples to marry. The Judge described as misconceived Mr Walshe’s interpretation of Returning Officer Riona Ní Fhlanghaile’s statutory function to sign the certificate confirming the result. The Judge also awarded the State its legal costs against Mr Walshe, an application Mr Walshe had opposed. He also sought orders staying any further actions being taken in relation to the Same Sex Marriage referendum result until his case has been determined. Mr Walshe, …
Read More »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 …
Read More »Early court hearing on referendum result
AN appeal over a failed challenge to the Yes vote in the same sex marriage referendum will get an early hearing, the Court of Appeal heard. Gerry Walshe, of Lisdeen, Kilkee wants to appeal last week’s refusal by the President of the High Court, Mr Justice Nicholas Kearns, of his application to to bring a petition challenging the May 22 referendum result. He is seeking a stay restraining the issuing of the necessary certificate verifying the referendum result. Mr Justice Peter Kelly, dealing with Mr Walshe’s application on Friday, said papers in the case must be ready in two weeks when the court will give him a date for a hearing. The judge said it was an urgent matter and needed to be dealt with soon. Mr Walshe, representing himself, claims the decision is flawed on a number of grounds including that expenditure by the Government on the Yes campaign was not done openly and transparently and in accordance with …
Read More »Kilkee man challenges referendum result
A Kilkee man’s application for a stay restraining the issuing of a certificate verifying the result of the same sex marriage referendum will come before the Court of Appeal this Thursday. The application for the stay was made on Tuesday by Mr Gerry Walshe, an electrician from Lisdeen, who is appealing last week’s decision by High Court President Mr Justice Nicholas Kearns to refuse Mr Walshe permission to bring a petition challenging the May 22 referendum result. Yesterday (Tuesday) afternoon at the Court of Appeal, Mr Walshe told Ms Justice Mary Finlay Geogeghan that he is appealing the High Court’s decision. As part of that appeal he wants the Appeal Court to grant a stay on the certificate verifying last month’s result from being issued. However, Mr Walshe, who is representing himself in the action, accepted that he had not yet been able to formally lodge his appeal. The judge told Mr Walshe that if he wished to have his application …
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