Gerry Walshe has been refused leave to appeal to the Supreme Court in his challenge to the marriage equality referendum held on 22 May 2015. The determination was delivered on 16 September 2015.
The result of the referendum stands. By the time his application reached the Supreme Court, the referendum certificate had become final and the Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015 had been signed by the President on 29 August 2015.
Mr Walshe had asked the High Court for leave to present a referendum petition. Mr Justice Kearns refused on 5 June 2015. On 30 July 2015, the Court of Appeal (Ryan P) dismissed his appeal. The respondents were Ireland, the Attorney General, the Referendum Returning Officer and the Referendum Commission.
He argued that State organs and resources had been used to promote a "Yes" vote. The Supreme Court said his application was largely about correcting errors of fact, and noted the inadequacy of the evidence before the lower courts.
It found no matter of general public importance. It said the points had no substance and that the interests of justice did not require an appeal. It also found the application moot, because no provisional certificate remained to be challenged. Mr Walshe had not asked for a stay in the Court of Appeal.
Leave to appeal was refused.