High Court to rule on bids to challenge gay marriage

Two separate applications for leave to bring petitions challenging the result of the referendum clearing the way for same-sex marriage will come before the High Court today.

Both matters are due to come before the President of the High Court, Mr Justice Nicholas Kearns, and both applicants, should they get leave to bring their petitions, are seeking injunctions preventing the issuing of a certificate verifying the referendum result pending the outcome of their proceedings.

One challenge has been initiated by Gerry Walshe, an electrician, from Lisdeen Road, Co Clare, while the second is brought by Maurice J Lyons, a gardener, with an address at Callan, Co Kilkenny.

It is understood the grounds of Mr Walshe’s challenge, brought against Ireland and the Attorney General, the Referendum Returing Officer and the Referendum Commission, include a claim the referendum process was not fair or impartial in relation to monies spent.

It is understood Mr Lyons will argue the proposed amendment to the Constitution would introduce uncertainty into the Constitution and cannot lawfully be approved.

It is also believed he will argue the proposed amendment conflicts with the centrality of the Christian ethos of the Constitution.

The May 22 referendum on an amendment allowing for same-sex marriage was supported by 62.07% of voters, 1,201,607 people, while 734,300 (37.93%) voted against. Voter turnout was 60.52%.

Minister for Justice Frances Fitzgerald said she intends to have the Marriage Bill 2015, on which work had begun prior to the referendum, enacted by the end of July.