LGBT rights in the Republic of Ireland

Same-sex marriage is legal in Ireland, following approval of a referendum on 22 May which amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners. In support of her claim, she relied on case law from the ECHR. Judge McKechnie J noted that in Ireland it is crucial that parties to a marriage be of the opposite biological sex. Accordingly, he found that there was no sustainable basis for the applicant’s submission that the law which prohibited her from marrying a party of the same biological sex as herself, was a violation of her constitutional right to marry.

The judge concluded that the right to marry is not absolute and has to be evaluated in the context of several other rights including the rights of society.

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