Lesbians win discrimination case over pub kiss

Two Co Cork lesbians today won a discrimination case against a publican who ejected them after they kissed and hugged.

The Equality Authority today welcomed the judgement of Judge Peter Clyne who found that the conduct of Malone’s Bar in Blarney towards Myra McGuirk and Eileen Twomey amounted to discrimination on the sexual orientation grounds, contrary to section 19 of the Intoxicating Liquor Act, 2003.

The two women, who live in Blarney, had brought a claim of discrimination and harassment under the Intoxicating Liquor Act 2003 at Cork District Court.

The claim action was supported by the Equality Authority.

The court heard that the two women went to Malone’s pub with two friends on March 13 last year.

There was a going-away party taking place so they went to the back of the pub, ordered drinks and put their names down to play pool.

Later she said the owner of the pub remarked to a male customer that he was wasting his time as the woman’s girlfriend was nearby.

While playing pool, the women gave each other a good luck kiss.

The court heard that the owner of the pub then told the women that if they did not refrain from such behaviour they would be asked to leave.

The women then hugged and told the owner they would finish their drinks and leave.

After the hug, the bar staff cleared the pool table and turned off the lights, the court heard.

The women told the owner that he had no right to behave in this manner and that they had the same rights as everyone else in the pub.

They stated that the owner of the pub said that it was his pub and he would say what’s what and who’s who and that he was the law in his pub.

Welcoming the outcome in today’s case, Equality Authority chief executive officer Niall Crowley praised the courage of the claimants in bringing forward this case.

“The incident was traumatic for them yet they have come forward as valuable role models for the gay and lesbian community in challenging homophobia.

“There is a significant under-reporting of homophobia given the fear of exposure and further harassment for many lesbian and gay people.

“In such a context the outcome of this case is hugely important in beginning to break these fears and to affirm the rights of lesbian and gay people”

Mr Crowley added that discrimination and harassment in this case was triggered by normal day to day expressions of affection between two lesbian women.

“It captures the difficult context within which lesbian and gay people seek to relate and create partnerships of love and care. It highlights again the need to progress the introduction of partnership rights that affirm and celebrate same sex relationships in the same way as heterosexual relationships,” he continued.

However he highlighted that the failure to award compensation in this case was disappointing given the impact of the experience on the two women.