Golf club sex discrimation ruling to be appealed

The Equality Authority is to appeal a ruling on sex discrimination at an exclusive Dublin golf club to the Supreme Court.

The Equality Authority is to appeal a ruling on sex discrimination at an exclusive Dublin golf club to the Supreme Court.

Last month, the High Court ruled that Portmarnock Golf Club was within its rights to bar women from becoming full members of the club.

But the Equality Authority chief executive Niall Crowley today said the decision would be appealed in the Supreme Court.

He said the men-only restriction was widely seen as blocking women from the professional and business advantages that membership could bring.

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"The case raises key issues of principle for the effective promotion of equality where a significant institution in Irish society can exclude women from both the direct recreational benefits of membership and the indirect social and economic benefits that would flow from that membership," he said.

Mr Crowley said there were fears the precedent set in the High Court would allow other clubs to exclude women, or certain religions, the gay and lesbian community or ethnic minority groups.

Under the Equal Status Act single gender clubs were permitted, provided they catered for the specific needs of either women or men.

The Equality Authority argued that these needs could not be so broadly defined as to cover golf, a sport played by both men and women. In February 2004 the District Court agreed, and Portmarnock was found to be a discriminating club.

In May 2004 the club had its certificate of registration suspended for several days, which would have barred the club from serving alcohol, but this was not implemented pending the appeal hearing.

In the High Court Portmarnock sought to challenge the constitutionality of the Equal Status Act, claiming it contravened the right of freedom of association.

Mr Justice Kevin O'Higgins disagreed, ruling the Oireachtas is entitled to legislate positively to vindicate and promote the value of equality in law, including restricting the freedom of association.

But the judge found that it was permissible for certain groups of people to join together to engage in social or sporting activities, without infringing the Act. The Equality Authority is now taking its fight to the Supreme Court in a bid to prevent what it sees as a breach of Section 8 and 9 of the Equal Status Act.