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Northern Ireland’s gay marriage ban: Judgment reserved on legal challenge

06/12/2015 By ACOMSDave Leave a Comment

Belfast Telegraph logo
PUBLISHED04/12/2015
 
 

PANews BT_P-ca7a8c9c-f29f-410a-823d-0c4c18d6aca6_I1

Shannon Sickles, left, and Grainne Close say the prohibition on same sex marriage breaches their human rights


 

Judgment has been reserved in a landmark legal challenge to Northern Ireland’s ban on gay marriage

Two couples, Grainne Close and Shannon Sickles and Chris and Henry Flanagan-Kanem brought the case claiming the region’s prohibition on same sex marriage breached their human rights.
Mr Justice O’Hara heard the high profile case in tandem with another action in which two men who wed in England want their marriage recognised in Northern Ireland.
The judge told Belfast High Court: “There are a lot of issues raised in this case and the other. I will give my judgment after Christmas.”
Both couples were, respectively, the first and second in the UK to enter into a civil partnership after Northern Ireland became the first part of the UK to make that option available in December 2005.

Following the Yes vote in May’s referendum on marriage equality in the Irish Republic, Northern Ireland is the only part of the UK or Ireland where civil marriage is denied to same-sex couples.
Legal proceedings have been taken against the Department of Finance and Personnel on grounds that the ban contravenes entitlements to marriage and a family life under the European Convention on Human Rights.
Outlining the department’s objections to the judicial review, barrister Tony McGleenan QC said the State had no “positive obligation” to permit gay marriage because civil partnerships met the minimum requirements set out under human rights legislation.
Mr McGleenan said: ” We say there has been no interference with the applicants’ Article eight rights.
“We say that because in this context all the applicants are civil partners they enjoy the rights and benefits that go with that. What they are lacking is the ability to call the relationship, marriage.
“There is no doubt that causes consternation and concern..
“But is it an interference with their Article eight rights? We say not.”
The lawyer said the issue has been “looked at exhaustively” with three rulings at Strasbourg, most recently in October.
“Strasbourg has spoken six weeks ago on this issue,” he added. “There is clear and consistent juris prudence.
“Article eight (of European Convention on Human Rights) does not give rise to a positive obligation to same sex marriage. Article 12 does not give rise to a positive obligation to same sex marriage and both of those taken together with Article 14 do not give rise to any issue of discrimination.”
Earlier this year about 20,000 campaigners marched through Belfast city centre demanding a change in the law.
However Northern Ireland’s devolved Stormont Assembly has repeatedly refused to legislate on the contentious issue.
Although the majority of MLAs voted in favour of introducing gay marriage when it was debated for a fifth time last month, the proposal fell because unionists who oppose the move deployed a controversial voting mechanism to effectively veto it.
Mr McGleenan claimed a court intervention could undermine devolution.
He said: “It is not a matter that is being ignored. It is live in the democratic process. The applicants may not be satisfied with the pace, outcomes or infrastructure but it cannot be deemed that it is not a live issue.”
Northern Ireland’s Attorney General John Larkin QC also addressed the court briefly.
Mr Larkin, Stormont’s chief legal advisor, said he wanted to “echo” the views of the department, deal with “devolution” issues and highlight the absence of any “wrongful act” – such as a refusal to marry from the registry office at Belfast City Hall.
On Thursday a barrister representing both couples argued that Northern Ireland was a “blot on the map” and that the ban marginalised gay people as “biological oddities”.
Throughout the hearing, Ms Close and Ms Sickles listened intently from the public gallery where they sat among a number of gay rights campaigners.
The male applicants were not in court.
Outside Ms Close said she felt it had been a “fair hearing”.
She said: “It has been an intense couple of days. We now need to wait.
“Our love is equal. It is not any less. It is equal.
“We are not here to look for a religious ceremony or a religious marriage; we are here for civil marriage and for our love to be represented as equal.”
Amnesty International has supported both couples throughout the legal process.
Patrick Corrigan, Amnesty’s Northern Ireland programme director who was present throughout the two-day hearing, said: “We look forward to new year weddings. We’re hopeful the judgment will allow many committed, loving couples in Northern Ireland the simple right to get married.
“It is shameful that these couples were forced to appeal to the courts to get equal treatment and that a minority of politicians have continued to block this progress, in defiance of public opinion.”

Filed Under: Anti-Bullying & Homophobia Tagged With: Amnesty INternational, gay marriage, legal system, politics

Northern Ireland gay activists fight bill which could allow gay discrimination

01/02/2015 By David McFarlane Leave a Comment

The proposed ‘conscience clause’ would allow people to refuse goods or services to LGBTI people on the grounds of strongly-held religious beliefs
31 JANUARY 2015 | BY LIAM JOHNSON
The proposed ‘conscience clause’ would allow people to refuse goods or services to LGBTI people on the grounds of strongly-held religious beliefs

Image via Facebook/The-Rainbow-Project
LGBTI activists are rallying against a new bill proposal which they fear could legitimise anti-gay discrimination in Northern Ireland.
The proposed ‘conscience clause’ is a measure which could allow people to refuse goods or services to gay and lesbian people on the ground of their strongly-held religious beliefs.
An example of this would be the Belfast bakery which refused to bake a gay Bert and Ernie cake. Activists fear if the proposed ‘conscience clause’ was made law, then it would legitimise discriminatory behaviour such as this.
The Private Members’ Bill has been proposed by Paul Givan, a Democratic Unionist Party member of the Northern Ireland Assembly, and has been backed by party leader and First Minister, Peter Robinson.
John O’Doherty, Director of The Rainbow Project which is a pro-LGBT rights group based in Northern Ireland, hit out against the bill.
‘Mr Givan claims that his bill will allow believers to deny goods and services to LGB people when it ‘promotes or facilitates same sex relations’. Let us explain to Mr Givan what this means,’ said O’Doherty.
‘Restaurants could deny same sex couples a table as this could be facilitating same sex relations. A mortgage provider could deny a mortgage to a same sex couple as it would be facilitating same-sex relations. Hoteliers could deny a room to a same sex couple as it would be facilitating same-sex relations.
‘The examples are countless. Mr Givan clearly has not considered the implications of his license to discriminate legislation. Ensuring LGB people can access goods and services without discrimination is good for business, good for the economy and good for Northern Ireland’s reputation with investors.’
In addition to the Rainbow Project, Amnesty International has also criticized the proposal.
‘What is proposed is not a conscience clause, it is a discrimination clause,’ said Patrick Corrigan, Amnesty International’s Northern Ireland Programme Director.
‘This is not about freedom of religion; this is about treating a section of our population as second-class citizens.
‘This change to the law is not welcome and it is not needed. The law already strikes a fair balance between the human right to freedom of religion and the human right not to suffer discrimination.
‘Northern Ireland’s First Minister should concentrate on eradicating inequalities already faced by members of the LGBTI community here, rather than lending his support to a discriminatory new law.
‘He could start by publishing Stormont’s long overdue sexual orientation strategy, which could help tackle homophobia in Northern Ireland society.’
#NoConscienceClause has already begun trending on social media, facilitated by The Rainbow Project.
Today at 3pm (31 January), there is a planned protest against the bill at Belfast City Hall. There will also be partner protests in Derry-Londonderry and Newry.
Stephen Fry has signed a petition arguing for the dismissal of the bill.

– See more at: http://www.gaystarnews.com/article/northern-ireland-gay-activists-fight-bill-which-could-allow-gay-discrimination310115#sthash.MAMacSvl.dpuf

Filed Under: Anti-Bullying & Homophobia, Campaigns Tagged With: Amnesty INternational, discrimination bill, gay activists, homophobia, Rainbow project, steven fry

ZAMBIA: VERDICT IN HOMOPHOBIC TRIAL DUE ON TUESDAY

23/02/2014 By David McFarlane Leave a Comment

Amnesty International UK
ZAMBIA: VERDICT IN HOMOPHOBIC TRIAL DUE ON TUESDAY
Two men accused of homosexuality subjected to anal examinations  
Trial comes in same week as Uganda looks set to sign anti-gay bill 
Amnesty International is calling on Zambian authorities to end the persecution of individuals based on their perceived sexual orientation. It comes as the trial of two Zambian men accused of having sex “against the order of nature” is set to conclude next Tuesday.
James Mwape and Philip Mubiana have been imprisoned since May 2013. Both men, aged 22, were subjected to forcible anal examinations by government doctors in an attempt to “prove” their involvement in sexual activity. These examinations are tantamount to torture.
Amnesty regards both men to be prisoners of conscience and is calling for their immediate and unconditional release.
Simeon Mawanza, Amnesty International’s Zambia Researcher said: “There has been a string of violent attacks and state prosecutions of people believed to be gay or lesbian in Zambia.
Police as well as members of the public have carried out homophobic attacks on individuals perceived to be lesbian, gay, bisexual or transgender. These attacks have been instigated by a series of inflammatory statements made by senior government officials instructing the public to report anyone they suspect of being a homosexual or “promoting homosexuality.”
Zambian authorities must end their cycle of oppressive, violent and degrading treatment of LGBTI people. Amnesty demands they honour their obligation under international law to investigate and prevent further homophobic attacks.
Notes to editors:
The trial of James Mwape and Philip Mubiana is expected to conclude at the magistrate court in Kapiri Mposhi, Zambia on 25 February when the court gives the verdict. If convicted they face at up to 14 years in prison. In 2013 Amnesty documented the rise of homophobia across sub-Saharan Africa in its report Making Love a Crime: Criminalisation of same-sex conduct in sub-Saharan Africa. To arrange an interview please contact the Amnesty press office.
ENDS 
Amnesty International UK media information:
Meera Pattni: 020 7033 1548020 7033 1548, meera.pattni@amnesty.org.uk
Out of hours: 07721 39898407721 398984, www.amnesty.org.uk
Follow us on Twitter: @Newsfromamnesty
Follow our blog: http://blogs.amnesty.org/pressblog

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Filed Under: Anti-Bullying & Homophobia Tagged With: Amnesty INternational, homophobic, LGBT, Zambia

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