Same-sex marriage in Northern Ireland is for Stormont to decide on, the Attorney General told a court today.
John Larkin QC described it as an issue of “pure social policy” that should be left with the devolved administration.
His assessment came in proceedings brought by a gay couple whose marriage has no legal recognition in their native Northern Ireland.
The two men claim that being limited to civil partnership status within the region amounts to unlawful discrimination.
They are seeking a landmark declaration that their marriage remains fully constituted throughout the UK.
Granted anonymity in the case, the petitioner ‘X’ and his husband wed in London last year.
But under current laws they can only be classified as civil partners in Northern Ireland.
Legislation passed in the rest of the the UK and the Irish Republic allows same-sex couples to marry.
Last month Stormont voted in favour of the same change in law for the first time.
However, the Democratic Unionists blocked it by deploying a mechanism requiring the proposal to achieve a cross-community majority.
The petition, backed by gay rights group The Rainbow Project, has been taken against the Northern Ireland Assembly and the UK Government.
In first case of its kind counsel for X and his husband claimed their marriage has been “demeaned, devalued and undermined” by the situation.
The ban breaches rights to privacy and family life, religious freedom and entitlement to marry under the European Convention on Human Rights, it was contended.
X and his husband were able to wed in England following the introduction of the Marriage (Same-Sex Couples) Act 2013.
As the case resumed at the High Court today, Mr Justice O’Hara asked if the same same legal position should apply throughout the UK.
The Attorney General replied: “No, it’s a matter of pure social policy … being a transferred matter it’s for the devolved administration and the Executive.”
Mr Larkin insisted that the 2013 Act was clear, irrespective of how long a couple spend married in the rest of the UK.
He added: “It doesn’t matter, this is a general provision under which every same-sex marriage is for the purpose of the law in Northern Ireland treated as a civil partnership.”
The case continues.
Read more: http://www.newsletter.co.uk/news/northern-ireland-news/gay-marriage-is-a-matter-for-stormont-1-7094948#ixzz3tBSPIjAh
Could one court ruling force Northern Ireland to allow gay marriage ?
Gay couple married in England are hoping to have their marriage recognized in Northern Ireland
A gay couple married in England could be the key in same-sex marriages being recognized in Northern Ireland.
In a court ruling this week, to be heard at Belfast high court, a decision could lead to the UK as a whole allowing gay couples to get legally married.
The couple, who have asked to remain anonymous, will call on Northern Ireland to make a declaration their marriage remains lawfully constituted where they are living now and should be recognized on Thursday (15 January).
John O’Doherty, director of The Rainbow Project, is backing the couple.
‘We are very happy to support this important legal challenge. While same-sex marriage legislation in Westminster had many positive aspects, we believe that its provision forbidding the recognition of lawful same-sex marriages in Northern Ireland is irrational, contrary to principles of British constitutional law and incompatible with the European convention on human rights,’ he said.
‘We are resolute in our assertion that no one can be married in one part of the United Kingdom and then not married in another.
‘Once a couple is lawfully married in the UK, we contend that their relationship cannot be reclassified as a civil partnership without their consent, which is exactly what the law currently does.
‘The legislation says to lawfully married people that they are no longer married. This is unconscionable and cannot be permitted to continue.
‘Marriage is a fundamental human right, which is now recognised in the UK as including same-sex couples. We will work to ensure that this right is realised for everyone in the United Kingdom and we are confident that marriage equality will be achieved in Northern Ireland.’
Without the ruling, Northern Ireland is expected to be the only main part of the British and Irish islands that ban same-sex marriage by the end of the year.
Ireland itself will be voting in a referendum in May. In the last Irish Times/Ipsos MRBI poll, it found 71% supported marriage equality in Ireland.
In a court ruling this week, to be heard at Belfast high court, a decision could lead to the UK as a whole allowing gay couples to get legally married.
The couple, who have asked to remain anonymous, will call on Northern Ireland to make a declaration their marriage remains lawfully constituted where they are living now and should be recognized on Thursday (15 January).
John O’Doherty, director of The Rainbow Project, is backing the couple.
‘We are very happy to support this important legal challenge. While same-sex marriage legislation in Westminster had many positive aspects, we believe that its provision forbidding the recognition of lawful same-sex marriages in Northern Ireland is irrational, contrary to principles of British constitutional law and incompatible with the European convention on human rights,’ he said.
‘We are resolute in our assertion that no one can be married in one part of the United Kingdom and then not married in another.
‘Once a couple is lawfully married in the UK, we contend that their relationship cannot be reclassified as a civil partnership without their consent, which is exactly what the law currently does.
‘The legislation says to lawfully married people that they are no longer married. This is unconscionable and cannot be permitted to continue.
‘Marriage is a fundamental human right, which is now recognised in the UK as including same-sex couples. We will work to ensure that this right is realised for everyone in the United Kingdom and we are confident that marriage equality will be achieved in Northern Ireland.’
Without the ruling, Northern Ireland is expected to be the only main part of the British and Irish islands that ban same-sex marriage by the end of the year.
Ireland itself will be voting in a referendum in May. In the last Irish Times/Ipsos MRBI poll, it found 71% supported marriage equality in Ireland.
– See more at: http://www.gaystarnews.com/article/could-one-court-ruling-force-northern-ireland-allow-gay-marriage130115#sthash.QY9YasKu.dpuf