Civil partnerships[ edit ] Prior to the legalisation of same-sex marriage, civil partnership was permitted. One major criticism stated that the legislation effectively enshrined discrimination in law insofar as separate contractual arrangements with greater privileges continued to exist for opposite-sex marriages concurrent to lesser arrangements for those wishing to take out civil partnerships. In particular, the denial of the right to apply to adopt to couples with a civil partnership had been cited as particularly discriminatory. Irish law only allowed gay people to adopt children as individuals, while allowing same-sex couples to jointly foster. The ability to enter into a civil partnership ended on 16 November In support of her claim, she relied on case law from the ECHR. Judge McKechnie J noted that in Ireland it is crucial that parties to a marriage be of the opposite biological sex. Accordingly, he found that there was no sustainable basis for the applicant’s submission that the law which prohibited her from marrying a party of the same biological sex as herself, was a violation of her constitutional right to marry.
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