Lesbian couple granted challenge to marriage laws

A lesbian couple were granted leave today to challenge the Government in the courts for refusing to recognise their same-sex marriage.

Katherine Zappone and Ann Louise Gilligan, from Brittas in Dublin, claimed they were unfairly denied tax relief available to married couples by the Revenue Commissioner.

In the High Court today, Mr Justice McKechnie said the couple’s legal team had successfully met the requirement for an arguable case and were entitled to a judicial review.

He said the applicants had claimed the Revenue Commissioner’s actions had violated the 1937 Irish Constitution and also had been in breach of the European Convention on Human Rights.

He pointed out that the case was not simply about tax bands or the extent of allowances for a married couple.

He said it would have profound importance not only for same sex couples but also for society as a whole.

He added that a number of deeply held customs and practices would be up for consideration with the institution of marriage at the centre of this.

“It is right to say it touches on far reaching issues,” he said. Justice McKechnie warned that the decision to grant the judicial review offered no comment on the ultimate outcome of the case.

He reserved the questions of costs and granted senior counsel for the two women Dr Gerald Hogan four weeks to prepare a plenary summons.

Zappone, a public policy research consultant and a member of the Human Rights Commission, and Gilligan, an academic, have lived together as a couple for 23 years.

They are joint owners of two properties, their residential home at Brittas in Dublin and their holiday home in Cahirciveen, Co Kerry.

They were married at a legal ceremony in Vancouver, British Columbia, Canada, on September 13 last year.

When they returned to Ireland they applied to the revenue commissioner for tax credits as a married couple but were told that the provision of Taxes Consolidation Act 1997 only related to a husband and a wife.

While the Act did not define husband or wife the revenue commissioner said they were using the definition in the Oxford English Dictionary.

Outside the court today, Zappone said she and her partner were delighted with the outcome.

“Twenty-three years ago we made a commitment of life partnership to each other. We have been exceptionally blessed with our unconditional love for and our fidelity to one another.

“Yesterday and today are simply the first steps to seek legal recognition of our lifelong love and faithfulness,” she said.

“This case is about equality, fairness and human rights as our legal team have ably outlined in the court.”

Zappone thanked family and friends, their legal team and Equality Authority for their support.