The High Court has reserved judgment on a landmark action by a lesbian couple aimed at having their marriage in Canada recognised as valid by the authorities here. Alternatively, the couple claim they have the right to marry here.
Legal submissions in the eight- day case concluded yesterday after which Ms Justice Elizabeth Dunne reserved her decision. She gave no indication when judgment may be given. The action was brought by Dr Katherine Zappone, a public policy consultant, and Dr Ann Louise Gilligan, an academic, against the Revenue Commissioners and the State.
The couple have been together for more than 25 years and married in British Columbia, Canada, in 2003.
Concluding submissions on behalf of the couple yesterday, Mr Gerard Hogan SC argued that the State's grounds for not allowing his clients the right to marry were based on an "utterly wrong historical misunderstanding of homosexuality", and amounted to stating that the situation in relation to the recognition of same-sex marriage could not change because marriage has traditionally involved a heterosexual couple.
Such a contention "cannot rationally stand up", he said. It had already been determined in the courts that marriage was not based on the ability to procreate.
The State had recognised that a married heterosexual couple with no children were no different to those with children and had equal value to society, counsel submitted. "Why shouldn't same-sex couples not be regarded as a normal life-long unit?" he asked.