2004 19616 P ZAPPONE & ANOR V REVENUE COMMISSIONERS

Tuesday 3rd October 2006 will see the beginning of one of the most important legal challenges in Irish lesbian and gay history.

Katherine Zappone and Ann Louise Gilligan are challenging the decision of the Revenue Commissioner not to recognise their Canadian Marriage. The case is about a lot more than validating a foreign marriage certificate though. The case will explore the validity of lesbian and gay relationships, the special status given to heterosexual marriages and the many ways in which lesbian and gay citizens are discriminated against in the provision of benefits, goods and services by the state and other bodies simply because we love people of the same sex.

Katherine and Ann Louise are brave women who have garnered much support from within and outside the lesbian and gay community. So much of the publicity and profile so far has dwelt on a simple matter of their love for each other.

Whilst it is unclear as to what the chances of success for the case will actually be, there is huge interest in finally getting to hear what the case for recognition of same sex marriages and relationships is about in a legal context. Even more interesting will be the response of the State. And then it will be up to the Judge.

There is to be a gathering outside Dáil Eireann on the first day of the case. I believe this to be the wrong event at the wrong time. When I see other protests coinciding with ongoing court cases I also cringe a bit. A pre-case rally would have shown great support to Katherine and Ann Louise and allowed legal processes to take place without distraction – ‘we’ can ‘gather’ after the rulings are issued depending on what happens.

It would be so much more useful if young and old lesbians and gay men were brought into hear proceedings. If they could hear the reasons that the state oppose recognising our relationships and the reasons from the plaintiffs side about the positive things that occur because of loving relationships it would be great food for thought. Many people don’t understand our constitution or legal processes – this case brings a chance for so many to learn about citizenship (or the lack of it!)

I hope to attend the High Court on at least one day of the proceedings. I have attended tribunals and other legal challenges before – I value the opportunity to observe democracy in action. Whilst the ‘gathering’ is also a chance to explore democracy, it’s something that should have been going on for quite some time and not just directly related to the case itself. By something I mean an ongoing community based inclusive campaign for same sex relationship recognition.

As it is Tuesday will all be about Bertie saving his ass on other matters, but that’s by the by. Courts should be permitted to hear the cases before them and the legislature should be lobbied before and afterwards depending on the outcome.

I do hope other members of the lesbian and gay community and our allies attend the High Court sittings and lend their support by their observation and increasing understanding of a legal process in action. I hope that people keep copies of the newspaper reports of each days hearings and access transcripts of the cases also. These are our lives as lesbians and gay men in and out of relationships that will be under consideration in the next 2-3 weeks. The judgments issued will form the basis of legislation that will affect our lives in years to come whether it is granting full equality or piecemeal pittances.

Thanks to Katherine and Ann Louise for putting themselves forward, for giving evidence before a court which I know from personal experience is not easy, and for finally having these matters considered by the judiciary of the state.

Some useful websites for the coming weeks. I will also try to post links to newspaper and audio/video reports as I get them.

The KAL Case Website

The KAL Case Blog

KAL Case Bebo

The Courts Website