Electrician wants to challenge same-sex marriage again
A Co Clare man, whose fresh challenge against the same-sex marriage referendum result was rejected by the High Court in September, will seek leave from the Supreme Court to appeal the rejection of his latest bid.
Gerry Walshe, an electrician of Lisdeen, Co Clare, had sought leave from the High Court to apply for a judicial review of the referendum returning officer's decision to issue and sign the final referendum certificate confirming the results of the marriage referendum.
Mr Walshe claims the returning officer signed the certificate while he was still within time to appeal his earlier challenge to the Supreme Court.
Ms Justice Margaret Heneghan rejected his judicial review application on September 23 last and he appeared before the High Court judge again this/yesterday morning(FRIDAY) seeking copies of the digital audio recording of the case she heard on that date as well as the transcript.
Mr Walshe told Ms Justice Heneghan that the Supreme Court required either a written High Court judgment or a copy of the digital audio recording of the case in order to consider his application for leave to appeal.
Consenting to Mr Walshe's application, counsel for the State, Eoin Carolan Bl, said Mr Walshe's application was correctly set out.
Mr Carolan said the State would be opposing Mr Walshe's application for leave but the Supreme Court could not consider that application in the absence of either the recording or transcript.
There was no written High Court judgment, the court heard, because it had been dealt with on the date in question.
Ms Justice Margaret Heneghan said it made “perfect sense” for Mr Walshe to apply for copies of the digital audio recording and transcript.
She made the order in respect of the digital audio recording of the case and the transcript.
Mr Walshe was required to give an undertaking to pay for the transcript, which he said, cost somewhere in the region of €280.
Ms Justice Heneghan made no order as to costs.