A landmark High Court decision has overturned an early 20th century law that prevented a woman from marrying her ex-husband's brother while her former husband was still alive.
Maura O'Shea (45), of Ballybraher, Ballycotton, Co Cork, brought the action after it was discovered only weeks before she was due to marry her partner Michael O'Shea (49) that the law prohibited them from doing so. The couiple have been in a relationship for 20 years.
Ms Justice Mary Laffoy ruled that the law was unconstitutional, and was not justified to either protect the family or the institution of marriage.
Maura O'Shea and Micheal O'Shea were prevented from marrying each other Under Section 3.2 of the Deceased Wife's Sister's Marriage Act 1907. This was amended by the Deceased Brother's Widow's Marriage Act 1921, banning marriages between a man and his wife's sister or half sister during the wife's lifetime or between a woman with the brother or half brother of her husband during the husband's lifetime.
The law dates back to the reign of Henry VIII in England and has ecclesiastical roots in the Book of Levicitus.
The couple are also suing for damages.