Same-sex couple seek date for court hearing

Dr Katherine Zappone and Dr Ann Louise Gilligan, a same-sex couple seeking recognition of their marriage in Ireland, will apply…

Dr Katherine Zappone and Dr Ann Louise Gilligan, a same-sex couple seeking recognition of their marriage in Ireland, will apply to the High Court this morning for a date for their trial.

They were granted leave for judicial review proceedings 15 months ago.

The couple applied to the High Court last week but the motion was adjourned for a week.

The proceedings are against the inspector of taxes (Revenue Commissioners), Ireland and the Attorney General, and they are seeking recognition of their Canadian marriage for tax purposes.

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The couple were married in a civil ceremony in Canada on September 13th, 2003.

At the hearing of their action, the pair will seek a declaration that in failing to recognise their Canadian marriage, and in failing to apply the tax law provisions relating to married couples to them as a married couple, the State and the Revenue Commissioners have acted unlawfully, in breach of their Constitutional Rights and in breach of the European Convention on Human Rights. They are also seeking a declaration that the relevant provisions of tax law are unconstitutional and void.

If they do not get recognition of their Canadian marriage, they are alternatively seeking a declaration that they are entitled to marry each other in Ireland.