Ireland's High Court does not recognise same-sex marriage
Judge Elizabeth Dunne said that same sex marriage cannot be recognised within the Irish Constitution. Drs Katherine Zappone and Ann Louise Gilligan say that they are the only kind of human beings in Ireland whose right to marry the person they choose to love is not recognised.
In her Irish High Court judgement today, Judge Elizabeth Dunne said that she could not recognise the arguments put forward by sex couple Drs Katherine Zappone and Ann Louise Gilligan for recognition of their Canadian marriage.
She also said that the recognition of marriage as it was currently defined in the Irish Constitution was not incompatible with the European Convention on Human Rights.
Referring to the recently published Law Reform Commission report on co-habitation, she did indicate that she hoped that legislative changes to deal with the issues of cohabitation would not be long coming.
The Law Reform Commission report refers to cohabitation only and does not refer specifically to the human and equal right to marry if one wishes.
Drs Zappone and Gilligan, while disappointed at the judgement, thanked Judge Elizabeth Dunne for her considered and careful judgement. They stressed that they would have to review the 138 page judgement in detail with their legal team before making a decision on appeal.
“It’s simple,” Dr Zappone said. “Ann Louise and I love one another. We have requested that the human right to marry is extended to us. We are the only kind of human beings in Ireland whose right to marry the person they choose to love is not acknowledged, not protected and not respected.”
“We believe that Ireland will be a land of justice and equality for all human beings,” she continued. “We believe that the Irish Constitution does protect and promote our rights – as it does all others.”
Drs Zappone and Gilligan have lived together for 25 years. They were married on September 13th 2003 in Vancouver, British Colombia, Canada. When they returned to Ireland after their Canadian marriage they applied for change of status to both the Registrar General and the Revenue Commissioners.
KAL Advocacy Initiative
c/o GLEN, Fumbally Court, Fumbally Lane, Dublin 8
Recognising Diversity: Celebrating Marriage for All


