Intellectually disabled man advances marriage ban challenge

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

An intellectually disabled man’s constitutional challenge to marriage restrictions advanced at the High Court on 18 November 2020, when the Irish Human Rights and Equality Commission was joined as amicus curiae. The man cannot be identified for legal reasons. The challenge concerns a High Court order preventing his civil marriage to his girlfriend of 15 years after a wardship application; he objects to wardship and wishes to marry.

He argues that legislation governing wardship and marriages involving wards of court is unconstitutional and breaches European Convention rights. He also seeks implementation of section 7 of the Assisted Decision Making (Capacity) Act 2015, which would replace wardship with supported decision-making. The court ordered a timetable for exchanging documents, with a further mention planned for January and a possible hearing in spring 2021.