Referendum result challenged in High Court

Dame_Enda

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2 individuals (Maurice Lyons and Gerry Walshe) have lodged a challenge to the result of the Marriage referendum.

What are the chances it will succeed? Previous challenges to referendum results e.g. Divorce, Children's Referendum failed.

More likely the implementation could be delayed. The Childrens Referendum wasnt signed into law for three years owing to legal challenges including by Joanna Jordan who was also involved in the anti-ssm campaign.

Should legal challenges to referenda be restricted to allegations of fraud?

Anyway don't rush out those wedding invites yet.
 


Uh oooh

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Depends on what grounds? The yes side gladly,and knowingly broke the law
 

Dame_Enda

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The bridge still lies in front of us. Shall we be permitted to cross?
 

'orebel

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2 individuals (Maurice Lyons and Gerry Walshe) have lodged a challenge to the result of the Marriage referendum.

What are the chances it will succeed? Previous challenges to referendum results e.g. Divorce, Children's Referendum failed.

More likely the implementation could be delayed. The Childrens Referendum wasnt signed into law for three years owing to legal challenges including by Joanna Jordan who was also involved in the anti-ssm campaign.

Should legal challenges to referenda be restricted to allegations of fraud?

Anyway don't rush out those wedding invites yet.
Who is funding these challenges?
 

stakerwallace

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Any ideas of the grounds upon which the challenge is made
 

Dame_Enda

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Who is funding these challenges?
Who knows. But I recall the other crowd were challenging the Childrens Referendum for 3 years. However that may have been partly arising from the McChrystal Case (a conservative Catholic from Belfast - what business is it of him?) which argued funds had been used to favour the yes side in the Childrens referendum. Incidentally Joanna Jordan (the last challenge to be dismissed to the CR) was involved in the no campaign on ssm too.

Foreign funding of legal challenges in this state needs to be rooted out whether its happening here or not. Youth Defence has consistently refused to cooperate with SIPO. SIPO's own website says so.
 

cricket

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Anyone know the grounds for the challenge ? If it's just someone acting the maggot, they should be hit for all costs involved.
 

Bill

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Who is funding these challenges?
hopefully not us, when they lose let them pay their own bill. anyway this is seeking leave to appeal not an actual appeal, if what's reported in the article is true I suspect the judge will tell them to p1ss off
 

ShoutingIsLeadership

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Maurice J Lyons is described as a gardener. Evidently not the uphill kind.
 

wombat

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Untwist your knickers, referendums can't be challenged unless there is blatant evidence of fixing, even then, it is hard to see how a court could question the freely expressed will of the people.
 

GDPR

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This is what the IT says:
One challenge has been initiated by Gerry Walshe, an electrician, from Lisdeen Road, Co Clare, while the second is brought by Maurice J Lyons, a gardener, with an address at Callan, Co Kilkenny.
‘Not fair or impartial’
It is understood the grounds of Mr Walshe’s challenge, brought against Ireland and the Attorney General, the referendum returning officer and the Referendum Commission, include a claim that the referendum process was not fair or impartial in relation to monies spent.
It is understood Mr Lyons will argue the proposed amendment to the Constitution would introduce uncertainty into the Constitution and cannot lawfully be approved.
It is also believed he will argue the proposed amendment conflicts with the centrality of the Christian ethos of the Constitution.
 

Q-Tours

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I'm looking forward to the day when someone tries Judge O'Hanlon's (he of Opus Dei fame) hypothetical argument - that an amendment that is inconsistent with other bits of the Constitution can for that reason be ignored or struck down as being itself unconstitutional.

I would have given serious money to see John Kelly's reaction to that argument.


**EDIT**
It is understood Mr Lyons will argue the proposed amendment to the Constitution would introduce uncertainty into the Constitution and cannot lawfully be approved.
It is also believed he will argue the proposed amendment conflicts with the centrality of the Christian ethos of the Constitution.
Looks like someone is really going to try it out!
 

Mercurial

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Not a hope that either will succeed.
 

sadcitizen

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Why ask who they are or what the grounds are when you can simply read the article.
 

artfoley56

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Who knows. But I recall the other crowd were challenging the Childrens Referendum for 3 years. However that may have been partly arising from the McChrystal Case (a conservative Catholic from Belfast - what business is it of him?) which argued funds had been used to favour the yes side in the Childrens referendum. Incidentally Joanna Jordan (the last challenge to be dismissed to the CR) was involved in the no campaign on ssm too.

Foreign funding of legal challenges in this state needs to be rooted out whether its happening here or not. Youth Defence has consistently refused to cooperate with SIPO. SIPO's own website says so.
I don't give 2 hoots who was behind the challenge on the children's ref, it was the govts own malpractice that gave rise to the challenge.
 

Sister Mercedes

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I think it is inevitable that the Courts will eventually overturn a referendum result. It would be the ultimate power-grab for them, and sooner or later the temptation will prove too much.
 


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