Golf club breaches equality law

Portmarnock Golf Club's exclusion of women as members was ruled discriminatory under the Equal Status Act in the Dublin District Court yesterday.

Judge Mary Collins ruled that the Act meant the purpose of the club was to play golf and not specifically men's golf, and so it could not be exempt under the discrimination legislation.

However, the judge adjourned a decision on imposing the sanction that the club should lose its certificate of registration for 30 days. She said she would await the result of a High Court challenge to the constitutionality of the Act being taken by the club.

Judge Collins said the Equality Authority had sought a declaration that Portmarnock was a discriminatory club under the Act. The facts were not in dispute. The club restricted its membership to men under its rule that "only gentlemen be properly elected". She was satisfied that interpretation of Section 9 of the Act was the core issue in the case.

Section 9 stated that "a club shall not be considered to be a discriminating club by reason only that if its principal purpose is to cater only for the needs of persons of a particular gender, marital status, family status, sexual orientation, religious belief, age, disability, nationality or ethnic or national origin . . . it refuses membership to other persons."

The relevant words were "the principal purpose" and "to cater only for", she said. "I think these words are clear. The principal purpose of the club I believe is to play golf, the ordinary words do not ascribe to men's golf, a special need," Judge Collins said.

Accordingly, she ruled that the club was discriminatory and did not come within the exemption provided in the section.

Judge Collins said counsel for the Equality Authority had contended there was no ambiguity in Section 9 as the purpose of the club members was to play golf.

Counsel had said the club's contention that its principal purpose was only playing men's golf was a logical absurdity as women played golf there but could not be members. The "need" as quoted in the Act to restrict to men's golf was not identified, he had said.

Counsel had said the purpose of the Act was to prohibit discrimination and prohibit clubs from acting in a discriminatory way.

In the Constitution equality itself was a constitutional right.

He had said reliance of the club on the right to association did not give the right to contract out of social policy. The balancing of rights must come into play.

Judge Collins said counsel for the club had contended that the central issue was the interpretation of Sections 8 and 9 of the Act which were complex and not easily interpreted. Counsel had said the court must interpret the Act taking into consideration whether it would violate the constitutional right to association and rights to privacy and property. These rights would be breached if the certificate of registration were refused. He drew a distinction between clubs which totally excluded people and members of a club who are discriminated against. He had said it was necessary to consider the constitutional provisions regarding membership of a private club being a voluntary private association. All single gender clubs came within the exemption and allowed exception for special interest groups.

After the judgment, Mr Frank Callanan SC, for the Equality Authority, said the sanction to prevent alcohol being sold should be imposed. Mr Donal O'Donnell SC, for Portmarnock Golf Club, said it was a sanction provided by the Act. He applied for imposition of the sanction to be adjourned until after the High Court ruling on the constitutionality of the Act as it would run the risk of wrong being done to the club which could not be remedied if the Act was ruled unconstitutional. If the Act was ruled constitutional it would come into effect, he said.