LGBT rights headings:

What rights do same-sex couples and their families have?

What does this mean for same-sex couples?

Why gay civil marriage and not civil unions or partnership?

So what are the Irish government doing about this?

What can you do about this?

What about European laws? Do they not give us rights too?

LGBT RIGHTS

They do indeed. The Irish Courts are bound to take into account the text of the European Convention on Human Rights and the decisions of the European Court of Human Rights. In fact the European Court of Human Rights is the body responsible for the decriminalisation of homosexuality in Ireland in 1993. Senator David Norris won this case there with the help of his barrister, Mary Robinson. According to Article 9 of the Charter of Fundamental Rights of the European Union:

“The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.”

The mention of gender was purposefully excluded as it was felt that this would be discriminatory and lead to prejudice on grounds of sexual orientation. The European Court of Human Rights ruled in 2003 that the protection of the family does not necessitate discrimination against homosexuals (Karner v Austria, July 2003).