The Irish Government has established a Constitutional Convention to consider a number of possible changes to the Irish Constitution. These issues are varied and include changes to the electoral system, the removal of the offence of Blasphemy, and provisions for same-sex marriage. The latter may or may not be precluded by Article 41 of the Constitution as currently worded.
Meanwhile, in Northern Ireland the Guardian reports Northern Ireland’s ban on gay marriage to be challenged by Amnesty in court.
Amnesty International and gay pressure groups have warned that Northern Ireland’s power-sharing government will soon face a human rights legal case over its refusal to allow gay couples to marry.
Unionist parties have voted at Stormont to ensure Northern Ireland is the only part of the UK where lesbian, gay, bisexual and transgender (LGBT) people are excluded from the same-sex marriage bill, which was passed in the Commons in February…
Paul Johnson at ECHR Sexual Orientation Blog has more legal detail: ECHR complaint is likely if same-sex couples cannot marry in Northern Ireland.
Possible court action could be brought under the Human Rights Act in the domestic courts and, if that failed to remedy the situation, a complaint could be made to the European Court of Human Rights. Such a complaint to the Court would present a novel legal issue which it has hitherto not considered: the existence of different arrangements for same-sex marriage within a nation state. Whilst the Court has so far been reluctant to recognize a right to same-sex marriage under Article 12 of the Convention, the existence of differences in treatment in marriage within the jurisdictions of the UK based solely on sexual orientation could make a more compelling Article 14 case than those argued in previous applications. What would the Court make of a situation whereby citizens of a Council of Europe state could contract same-sex civil marriage in one part of the state but not in another?