Miss

Parties: The Equality Authority (Plaintiff),Portmarnock Golf Club (Defendant)

Facts: The Equality Authority accused Portmarnock Golf Club of being a discriminating club because it does not allow women to become members of the club. The Equality Authority brought the case to the district court. Judge Collins found that it was a discriminating club and suspended its license to sell alcohol for seven days.  Portmarnock Golf Club brought an appeal by way of case stated to the High Court in respect of the judgment of the District Court. It also instituted constitutional proceedings in relation to the Equal Status Acts. Following the High Court's interpretation of the Equal Status Acts which contradicted the interpretation taken by the District Court, the Equality Authority had no alternative but to appeal the decision to the Supreme Court in order to obtain a definitive interpretation on the provisions.

Procedural History: The district Court said that Portmarnock Golf Club was a discriminating club. The case was appealed to the High Court by way of case stated on a point of law and it decided against the judgement of the District Court. The Equality Authority appealed the High Court’s decision to the Supreme Court. The Supreme Court upheld the ruling of the High Court.

Law at Issue: The interpretation of The Equal Status Act is being decided. The Acts relate to discrimination based on the following nine grounds: Gender, Civil Status, Family Status, Age, Race, Religion, Disability, Sexual Orientation, Membership of the Traveller community. In this particular case it is being debated on the grounds of Gender.

Cause of Action: The cause of action for this case is that Portmarnock Golf Club do not allow women to become members of the Golf Club they are allowed to use the Golf Course in the same way the men do and have access to all the facilities the men have access to excluding the men’s changing rooms. The Equality Authority Officer brought the case against...