Marriage: Redefined and Realigned with Bunreacht na hÉireann

Jonathan Ennis

Volume 1 Issue 2 Article 2

The same-sex marriage debate rose to constitutional prominence in 2006 in Zappone v. Revenue Commissioners, where the High Court rejected a claim to extend the constitutional definition of “Marriage” in Article 41 to include same-sex marriage. This paper thoroughly evaluates the High Court decision, and its consideration of the core arguments against extending marriage to same-sex couples. In light of this analysis, this paper then considers the impact of the unenumerated constitutional right to marry and the equality guarantee on the same-sex marriage debate, how they were dealt with in Zappone v. Revenue Commissioners, and why their particular treatment was ultimately unconvincing.

 

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