In 2005, Northern Ireland became the first place in the UK to introduce civil partnerships, and the first ceremonies were held at Belfast City Hall.
Shannon Sickles & Grainne Close were the first same-sex couple to have their relationship legally recognised, followed later that day by Chris & Henry Flanagan-Kane.
Despite same-sex marriage now being legal in England, Scotland, Wales and the Republic of Ireland, Northern Ireland still has a ban against it.
The two couples recently challenged the ban in the High Court, arguing that the ban breaches Article 8 of the European Convention on Human Rights by denying respect for their private and family lives. The case was heard alongside Petition X brought by an anonymous couple who married in England and want their marriage recognised at home in Northern Ireland.
The lawyer for Stormont’s Department of Finance and Personnel countered that civil partnerships already meet the minimum requirements set out under human rights law.
The judge, Mr Justice O’Hara, dismissed the case, saying that it was social policy and so should be decided by the Stormont Assembly.
Looking back
Assembly members have already voted voted five times on whether or not to introduce same-sex marriage. On the fifth occasion, members voted narrowly in favour of legalisation for the first time, with a majority of 53 votes to 52. However, the Democratic Unionist Party prevented any change in the law by using a Stormont veto, also known as a petition of concern.
In May, both Sinn Féin and the DUP refused the Alliance Party’s proposal to reform the petition of concern and make equal marriage a reality.
Looking forward
Ms Sickles said they would continue their legal challenge. However, the Assembly has been in limbo since power-sharing broke down in January, so there is no knowing when the issue will progress.
Alliance MLA, Paula Bradshaw, said it was “shameful” the couples had been forced to take their cases to court, and said: “It is essential we get Stormont up and running again to stabilise Northern Ireland and start delivering for everyone.”
We can’t do anything about the Assembly, but if you are married or in a civil partnership and have been discriminated against at work, you’re protected under equality legislation. In this case, please give us a call. We may be able to help.
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