Bringing It Home: The Plight Of Migratory Same-Sex Couples

• Author: Leonora Nyhan
• Pages: 61-67

Cork Online Law R eview 2006 7

Nyhan, Bringing i t Home: the Plight of

Migratory Same– Sex Couples

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BRINGING IT HOME: THE PLIGHT OF MIGRATORY SAME–SEX

COUPLES

Leonora Nyhan

This essay, taking as its focal point the ongoing High Court case of

Zappone & Gilligan v. The Revenue Commissioners, argues in favour of

increased protection for same–sex relationships in Ireland and particularly

for legislative change aimed at equal treatment for migratory same–sex

couples. The discussion is set in the context of the history of homosexuals’

rights in Ireland; recent and contemporary developments abroad are also

surveyed.

This paper was written while the author was studying in the James

Beasley School of Law, Temple University, Philadelphia, as part of a writing

seminar exploring the relationship between gender, sexuality and the law.

This article has been updated in light of the recent changes to the law in the

United Kingdom.

A INTRODUCTION

The upcoming case of Zappone & Gilligan v. The Revenue

Commissioners1 brings the plight of migratory homosexual couples

throughout the world squarely into Ireland’s back garden.2 The patchwork of

partnership options available to gay couples across the globe leaves many

couples who avail of these options in a legal predicament as to what rights, if

any, they can expect when they leave one jurisdiction and enter another.3 The

paper posits to analyse the European predicament of recognizing foreign

same–sex unions focusing on the challenges in particular on the Irish

jurisprudence to date.

B ZAPPONE & GILLIGAN V. THE REVENUE COMMISSIONERS 4

Dr Zappone and Dr Gilligan are an Irish homosexual couple that

married in Vancouver, British Columbia, Canada in September 2003.

Currently Canada is the only country without residency requirements for

same–sex marriage. When the couple returned to Ireland they informed the

Revenue Commissioners of their marriage and sought to avail of the various

tax allowances and advantages to which married people are entitled in

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1 Zappone & Gilliga n v. The Revenue Commissioners , Ireland and the Attorney Genera l No.

2004/19616P.

2 McKechnie J in th e High Court granted Dr Ann Lou ise Gilligan and Dr Katherine Zap pone

leave to apply for j udicial review on the 9th Novemb er 2004.

3 Currently only fou r countries in the world allow sa me–sex marriage: the Netherland s,

Belgium, Spain an d Canada. South Africa is expected to legalize it by December 2006 . In the

US same–sex mar riage is legal in the state of Massa chusetts. However, there is a smo rgasbord

of partnership opt ions available in many countries a nd US states including domestic

partnerships, civil unions, and reciprocal beneficiary laws.

4 Supra n1.