Equal marriage amendment enacted too fast, court implies

Difficulties were caused by referendum being signed into the Constitution before Supreme Court could consider a challenge to the result.

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Ireland

The Electoral Acts may need to be amended after the Supreme Court said difficulties were caused by the same-sex marriage referendum being signed into the Constitution before it could consider a challenge to the result.

The Chief Justice, Mrs Justice Susan Denham, and two other judges on the court delivered a mild rebuke to the Government this week when they held the actions that gave constitutional application to the referendum results might have caused “very serious constitutional consequences”.

In the judgment, Mrs Justice Denham, Mr Justice Adrian Hardiman and Mr Justice Donal O’Donnell highlight the need for organs of State to give “respect due to the legal process”.

The court, in determinations, refused appeals by two lay litigants against the refusal of the High Court, and also of the Court of Appeal, to grant them leave to challenge the result of the referendum.

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