Recognition of Same-sex Unions in The Republic of Ireland - The 'KAL' Recognition Case

The 'KAL' Recognition Case

In November 2004 lesbian couple Katherine Zappone and Ann Louise Gilligan (K & AL) were granted leave by the Republic of Ireland's High Court to pursue a claim to have their September 2003 Vancouver marriage recognised for the filing of joint tax returns in Ireland. Mr. Justice Liam McKechnie remarked that the case was significant and would embrace far-reaching issues touching many aspects of society. Lead barrister, Gerard Hogan, argued that neither the 1937 Irish constitution nor more recent tax laws specifically define marriage as between one man and one woman. Following a delay, the Government announced in April 2005 that it would contest the case on the basis of advice from the Attorney General that it would prevail. The case attracted media coverage in The Boston Globe and the couple were interviewed on The Late Late Show.

The case was heard in October 2006 and in the judgment was delivered on 14 December 2006 Ms. Justice Dunne found that although a 'living document', the Irish constitution had always meant for marriage to be between a man and a woman, that the definitions used in the Civil Registration Act of 2004 was an expression of the current attitudes of the state and that she could find no reason to change that. Further, she found that the constitution did not violate the plaintiffs rights under European law. The judgment did say, however, that the topic is very much in the news and that there were undoubtedly difficulties and hardships for same-sex and unmarried heterosexual couples and that

"It is to be hoped that the legislative changes to ameliorate these difficulties will not be long in coming. Ultimately, it is for the legislature to determine the extent to which such changes should be made."

Of note, the Dunne judgment did not explicitly opine that same-sex marriage if agreed by the Oireachtas, would be unconstitutional. On 23 February 2007 the case was appealed to the Supreme Court. The case is expected to be heard in June 2012.