The Court of Appeal has dismissed two separate petitions seeking to challenge the result of May’s same sex marriage referendum. The certificate confirming the result of the referendum can now be issued, having being stayed pending decision of the Court of Appeal. Both appellants have 28 days from the date of the decision to issue an appeal to the Supreme Court on a point of law.
The first petition to challenge the referendum result was brought by Gerry Walshe, an electrician from Lisdeen, Co Clare. Mr. Walshe’s challenge rested on his claim that millions of euro of public money had been spent on promoting a ‘yes’ vote and that these monies had been distributed to various organisations, including charities. Dismissing Mr Walshe’s appeal, the Court of Appeal determined that he had not established that any wrongdoing or irregularity had occurred as required for a successful petition to be brought under the Referendum Act.
The second petition to challenge the referendum result was brought by Maurice J. Lyons, a gardener from Callan, Co. Kilkenny. Mr. Lyons’ petition was based on a number of ill-founded claims, including his contention that the referendum result was influenced by an An Post Valentine’s Day stamp depicting a subliminal message in favour of a ‘yes’ vote. Mr. Lyons also argued that constitutional amendments could only be proposed by the people themselves and, additionally, that members of the electorate that do not vote in referendums must be regarded as ‘no’ voters. Dismissing Mr. Lyons arguments, the Court of Appeal said Mr. Lyon’s arguments were based on a fundamental misunderstanding of the Constitution and that his alternative arguments were “contrary to principle” and “contrary to common sense”.
Click here to read an article in the Irish Independent.