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A British same-sex couple, Celia Kitzinger and Sue Wilkinson, today were denied legal recognition of their Canadian marriage in the first such case to be brought in the UK. They have spent their life savings to bring the landmark legal challenge.
The Court found that their right to private life does not require the state to recognise their marriage. Further, the Court determined that the right to family life does not extend to childless same-sex couples. Although the Court found that the couple had been discriminated against in their right to marry their partner of choice, this discrimination was justified to protect the traditional notion of marriage as a union between a man and a woman primarily with the aim of producing children.
Sue Wilkinson said:
"We are deeply disappointed by today's judgment – not just for ourselves, but for same-sex couples nationwide. Denying the validity of our marriage upholds discrimination and inequality. This judgment will not stand the test of time, and we look forward to the day when there is full equality in marriage for same-sex couples."
Liberty legal officer Joanne Sawyer said:
"Celia and Sue have bravely taken the first step on the road to securing equal marriage rights for same sex couples. I have no doubt that today's judgment will in due course be viewed as being out of step with contemporary values."
Background information:
The Case
A British couple, Celia Kitzinger and Sue Wilkinson, who were legally married in Vancouver in 2003, asked the court to recognise their marriage under section 55 of the Family Law Act 1986.
For an overseas marriage to be recognised in the UK it must be shown that the marriage was legal, recognised in the country in which it was executed, and that nothing in the country's law restricted their freedom to marry.
Celia and Sue argued that their marriage fulfils these requirements even though people cannot legally enter into same-sex marriages in the UK.
The Civil Partnership Act 2004 (which came into force on 5 December 2005) allows same sex couples new rights as "civil partners." Despite having entered into a marriage in Canada in 2003, the UK automatically deemed Celia and Sue's marriage to be a civil partnership as of December 2005.
Celia and Sue rejected the conversion of their marriage into a civil partnership, believing it to be both symbolically and practically a lesser substitute. They asked the court to recognise their overseas marriage in the same way that it would recognise that of a heterosexual couple. Sue and Celia argued that any failure to recognise the validity of their marriage constitutes a breach of their rights under Articles 8 (right to respect for private and family life), 12 (right to marry) and 14 (prohibition of discrimination) (taken together with Article 8 and/or 12) of the European Convention on Human Rights, which is incorporated into domestic law by the Human Rights Act 1998.
Liberty is assisting the couple in their legal challenge.
Further information at the Liberty website.
Transcribed by Margaret Breheny
Brian Finnegan talks to lesbian couple Ann Louise
Gilligan and Katherine Zappone about their impending
High Court battle to have their Canadian marriage
recognised under Irish law.
Read More
Friday 8 pm
Teachers Club, 36 Parnell Square
Speakers: Marie Mulholland (chair of former ICCL working group in civil
partnerships)
Rachel Mathews McKay Labour LGBT
Chair: Terry Connolly Labour LGBT
Read More
The KAL Advocacy Initiative is a collection of organizations and individuals formed to encourage public debate about the issues being raised within the case being
brought by Drs Katherine Zappone and Ann Louise Gilligan against the Revenue Commissioners and the State for legal recognition of their existing Canadian
marriage (hereafter KAL Case). The case will come before the High Court on October 3rd 2006.
Read Full Report
The KAL Advocacy Initiative today welcomed the report issued by the Irish Human Rights Commission advising the State to recognise all couples.
However, the KAL Initiative stressed that the only way the State can promote and protect the rights and responsibilities of all its citizens – straight and same sex –
in financial and familial issues is to institute a mechanism for a partnership of full equivalence to marriage, that is ‘civil marriage’. It was stressed, however, that
civil marriage is quite separate from a religious marriage.
Read Full Report
Labour LGBT are continuing their sterling fund raising work for Katherine and Ann-Louise’s case with:
THE MIDSUMMER BALL Friends, family, comrades and activists come and party with us as we support Katherine Zappone
and Ann-Louise Gilligan as they prepare for a battle that could change the shape of Irish society for all co-habitees and same-sex couples.
Get out your tux or throw on your glad rags and celebrate their courage. Make this a night to remember!
Where?
Round Room, Mansion House, Dublin.
When?
Bank Holiday Saturday 3rd June
Time 7:30pm-late.
How Much?
Tickets cost EUR65/(EUR55 concessions).
For more details, or to buy a ticket, please contact Rachel Mathews-McKay, Co-Chair Labour LGBT,
mathewsr@tcd.ie
The KAL Case Advocacy Platform had its inaugural meeting on March 27th and it meets for the second time on next Monday, May 8th, at 6.15pm
in the offices of GLEN ~ Gay and Lesbian Equality Network in Fumbally Court, Fumbally Lane. We hope you will be able to attend and participate.
The KAL Case Advocacy Platform is being formed to organise a co-ordinated approach among people interested in supporting the High Court case being taken
by Dr. Katherine Zappone and Dr. Ann Louise Gilligan ? to have their Canadian registered marriage recognised by the Irish Government. The importance of this
case is in establishing that Irish families today are far more diverse than provided for within legislation and State policies. The platform is being established to
involve supporters and build a coalition of effort - to ensure that people who want to support the case, can collaborate effectively together.
We are still at early stages in establishing the platform and need people with ideas and commitment to get involved and to contribute to this important initiative.
The meeting will be a short one and will focus on actions that can be undertaken now. If you have any queries please me at GLEN (telephone no. 01-4730563)
or e-mail kalplatform@glen.ie.
We hope to see you on May 8th
Friends, colleagues and supporters of Drs.
Katherine Zappone and Ann Louise Gilligan will gather Thursday,
November 24th, 2005 at the Fire Restaurant, The Mansion House,
Dawson Street, Dublin 2, at 12.30 p.m. for the first Friends
of KAL fundraising lunch.
The lunch will also provide an opportunity
to outline the proposed KAL Advocacy Initiative which will
be undertaken by a smaller group of friends and colleagues. It
aims to encourage public discussion and debate about the issues
being raised within the case being taken by Katherine and Ann
Louise.
Further information can be
obtained
in the media notification about the launch and the press
release. A
document has been prepared with the background to the KAL case.
This can be downloaded here.
This document requires Abode
Acrobat Reader, which can be downloaded for free here. 
The personal statement of Katherine Zappone and Ann Louise Gilligan, upon hearing of their success in getting permission to seek a judicial review can be downloaded here. A related press release relating can also be accessed
here.
The 'Statement of Claim' Sent to the Courts to begin the process of seeking a date for the Judicial Review can be downloaded
here.
The judgment delivered by Justice McKechnie, granting
permission to seek judicial review, can be downloaded here.
All documents above require Abode Acrobat Reader, which can be downloaded for free here.
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