O'Sullivan_Same_Sex_Marriage_and_the_Irish_Constitution_(2009).pdf (571.26 kB)
Same-sex marriage and the Irish Constitution
This paper examines the recent Irish High Court case of Zappone and Gilligan v. Revenue Commissioners and Others, a challenge to the constitutionality of the state’s interpretation of the Irish Tax Code vis-a`-vis the foreign marriage of a same sex couple and their right to marry each other under Irish law. The right to marry and the nature of marriage are undefined in the Irish Constitution. Thus, a progressive interpretation may take into account contemporary knowledge of sexuality and sexual orientation and norms of equality and non-discrimination. This paper also discusses the ‘living document’ approach to constitutional interpretation and argues that the High Court misapplied the methodology of Supreme Court Justice Murray in Sinnott v. Minister for Education, a methodology which may offer the means to interpret the Irish Constitution as protecting the right to marry another person of the same sex.
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Publication status
- Published
File Version
- Accepted version
Journal
The International Journal of Human RightsISSN
1364-2987Publisher
Taylor & FrancisExternal DOI
Issue
2-3Volume
13Page range
477-492Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2014-11-04First Open Access (FOA) Date
2018-10-29First Compliant Deposit (FCD) Date
2018-10-29Usage metrics
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