Even though it's Memorial Day, you can still haul yourself out of your hot dog, watermelon, and cupcake reverie to appreciate the latest installment of New York's Finest Gay Weddings: Cynthia Nixon married her longtime partner Christine Marinoni, nearly three years after the couple became engaged at a rally to support same-sex marriage in New York. Let's all wish the newlyweds a sexy time on their honeymoon and hope that they send pieces of consolation wedding cake to all of us who weren't invited. They can take their time — I have high cake-waiting stamina.

Fresh Marriage Equality Challenge for the High Court

6 Jun 2012

New case to be heard to test provisions of Civil Registration Act 2004 and Civil Partnership Act 2010

Marriage Equality today welcomed a decision by Senator Katherine Zappone and Dr Ann Louise Gilligan to issue a fresh legal challenge in their fight to be married under Irish law. The new challenge will test the provisions of the Civil Registration Act 2004 and Civil Partnership Act 2010 which prohibit marriage for same-sex couples.

Fresh proceedings will be issued in the High Court in order to challenge - among other issues - the constitutionality of the Civil Registration Act 2004, which marked the first time marriage was defined in Irish statute as between a man and a woman, and the Civil Partnership Act, which prohibits people who have registered a civil partnership from marrying. The Irish Constitution does not currently include a definition of marriage, but includes a commitment to equality for all citizens.

"We are happy to hear of Senator Zappone and Dr Gilligan's decision," said Marriage Equality Director Moninne Griffith. "This new case will focus on the provisions in both Acts which prohibits people who have a civil partnership from marrying in Ireland, even if they are legally married in another jurisdiction. Their original case was in the High Court in 2006, and so much has changed in 6 years: Civil Partnership was introduced last year, public support has risen from 56% in 2008 to 73% earlier this year, and the government has committed to looking at the issue of marriage equality in the upcoming Constitutional Convention."

"We've seen important developments overseas as well," Ms Griffith continued. "More countries have allowed same-sex couples to marry, the Oxford English Dictionary now includes same-sex couples in its definition of 'marriage', and world leaders including David Cameron, Francois Hollande and Barack Obama have voiced their support for marriage equality."

Marriage Equality's 2011 report "Missing Pieces" found over 160 differences between Civil Partnership and civil marriage, including issues around immigration, finance and family rights. Issues around family rights remain of particular concern to equality groups.

"Irish people understand that the issue of marriage equality is about Irish values - equality and protecting our families - the people we love," added Ms Griffith. "This year, 73% of people said they believe marriage equality should be enshrined in the Irish Constitution. That is a clear indication that as a country we are ready to fulfil our Constitutional commitment to equality for all. We are therefore calling on government to begin work on the Constitutional Convention as soon as possible and to prioritise dealing with the issue of marriage equality therein. This is a key opportunity for the Government to listen to public support and legislate for equality, rather than having the issue decided in the courts."

The Irish legal battle is starting all over again.




I'm still not sure Zappone and Gilligan are the best same-sex couple to take a case. They don't have kids, and it is the right of families with children where the inequalities between civil partnerships and legal civil marriage are starkest.

The Irish legal battle is starting all over again.




I'm still not sure Zappone and Gilligan are the best same-sex couple to take a case. They don't have kids, and it is the right of families with children where the inequalities between civil partnerships and legal civil marriage are starkest.

If they took this case and succeeded would all existing civil partnerships be invalidated?

Of course not.
That would punish the victims of the injustice.
What would be more likely to happen, if anything happens retroactively, is :
- people could convert their civil partnership into a marriage, dated from the date of the civil partnership
- equal rights would be applied retroactively (but it may be an issue without willful conversion, as some of these rights imply individual duties which should not be imposed retroactively...

Also - what about who people wanted to have a civil partnership and didn't want to have a civil marriage?

We might sentence them to death for being awkward.

Or perhaps just perhaps recognise that marriage is not an institution that everyone wants to be part of and that diverse family structures are equally worthy of social recognition.

I've been reading a lot of queer critiques of marriage equality campaigns lately. I think they are fascinating. I still firmly support the ideal of marriage equality but I think the marriage equality movement must not create outcasts of or demonise those who don't opt into the marriage ideal.

This article says a huge amount of where my views are moving towards.

http://queerkidssaynomarriage.wordpress.com/

I got my civil partnership forms from the HSE to fill in today and it has a male section, and a female section - so much for equal recognition of same sex partnerships!