The legal assimilation of same-sex family units in Ireland

Abstract

This PhD thesis critically examines how Irish law can promote the effective assimilation of same-sex family units into Irish society. Initially, the thesis assesses the potential for marriage equality under Irish law. The major findings in this regard are that the Oireachtas could legislate for marriage equality in the absence of a referendum and because of the synergy between the constitutional and statutory understandings of marriage envisaged by Dunne J in the High Court case of Zappone v Revenue Commissioners [2008] 2 IR 417 such legislation might not be deemed unconstitutional by the courts. As emphasised in chapter one, this course of action was not adopted by the Oireachtas post-Zappone due to either a lack of appreciation of this aspect of the High Court judgement or the sheer political unwillingness to engage with it.