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Maurice J Lyons refused Supreme Court appeal over marriage equality referendum certificate

By Orla Quinn

Historic decision · Decision date:

Place: no local area assigned from the source.

Mr Lyons wanted to challenge the provisional referendum certificate, which the Supreme Court said had become final before it considered his application.

Maurice J Lyons has been refused leave to appeal to the Supreme Court over the marriage equality referendum of 22 May 2015. The determination was delivered on 16 September 2015.

The court said his application had been overtaken by events. The referendum certificate was now final and the amendment had been signed by the President on 29 August 2015.

The High Court (Kearns P) refused Mr Lyons leave to present a referendum petition on 5 June 2015. The Court of Appeal (Ryan P) dismissed his appeal on 30 July 2015. His case was against Ireland, the Attorney General and the Referendum Returning Officer, Ríona Ní Fhlanghaile.

Mr Lyons argued that the provisional referendum certificate did not show the President enough to be satisfied that the constitutional threshold had been met. He wanted the result declared null and void. The respondents opposed him.

The Supreme Court said the Court of Appeal's decision involved no matter of general public importance. It said the law was clear and there was no substance to his points. It also said an appeal was not necessary in the interests of justice.

It noted that he had not sought a stay in the Court of Appeal.

Leave to appeal was refused.

Sources

Source: Courts Service of Ireland. Read the linked determination for the court’s exact decision.

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