The Equality Authority V. Portmarnock Golf Club

The Equality Authority v. Portmarnock Golf Club

I. Parties : District Court: Plaintiff: The Equality Authority, seeking a declaration

that, Defendant : Portmarnock Golf Club is a discriminating club.

High Court: Appellant: Portmarnock Golf Club instituted constitutional proceedings in relation to the the Equal status Act. Appellee: Ireland and the Attorney General.

Supreme Court: Petitioner: The Equality Authority appealing the decision of the High Court’s findings on the Equal Status Act. Respondent: Portmarnock Golf Club’s claim that the Act of 2000 is unconstitutional.

II. Facts: The Equality Authority proceeded under Section 8 of the Equal Status Act a declaration that Portmarnock men’s Golf Club was a discriminating club. District Court ruled in favour of the Equality Authority and Portmarnock Golf club appealed the decision to the High Court and High Court contradicted the rulings by the District court. The Equality Authority sought a definite interpretation at the Supreme Court.

III. Procedural History :

1. District Court: Judge Collins made a determination that Portmarnock Golf Club is a discriminating club within the meaning of Section 8 of the Equal Status Act 2000.

2. High Court: Justice O’Higgins held that Portmarnock Golf Club could rely on the exemption in Section 9 of the Equal Status Act and overruled the District Court decision.

3. Supreme Court: The honourable Mr/Mrs Justice; Denham, Hardiman, Geoghegan, Fennelly and Macken ruled with the majority in favour of Portmarnock Golf Club.

IV. Law at Issue:

The law at issue is statutory law as the Equal Act of 2000 is used to determine whether the Golf club is discriminating.

V. Cause of Action

The petitioner, The Equality Authority sought definite interpretation at the Supreme Court that Portmarnock Golf Club is a discriminating club and alleges that the Club breached Section 8 and 9 of the Equal Status Act of 2000. The respondent, Portmarnock Golf Club’s...