Preserve Marriage can appear in SSM case
A judge has ruled that Preserve Marriage will be able to play a part in an upcoming judicial review case about same-sex marriage.
Puisne Judge Charles-Etta Simmons said that the charity, which opposes same-sex marriage on religious grounds, could join the Human Rights Commission as an “intervener” in the proceedings that will begin in December. Mrs Justice Simmons said the group had a “legitimate interest” in the matter, but added that the court maintained the jurisdiction to control its proceedings and stop “unnecessary and irrelevant” points being made. The proceedings have been brought by gay couple Winston Godwin and Greg DeRoche against the Registrar-General for refusing to marry them on the grounds of their sexual orientation.
The pair claim the Registrar's refusal breaches the Human Rights Act and they are seeking an order from the Supreme Court to compel him to post their marriage banns, in accordance with the Marriage Act. They also want a declaration that same-sex couples are entitled to be married under that law. Yesterday morning Delroy Duncan, representing Preserve Marriage, said he had been instructed not to apply for costs despite the fact the group had won its application to take part in the proceedings.
Last week Mr Duncan told the court: “Let's make this what it is; it's a national debate where interested parties with a real and legitimate interest in the outcome should be permitted to have their say.”
Mark Pettingill, representing Mr Godwin and Mr DeRoche, dismissed the argument put forward by Preserve Marriage's lawyer, saying: “We are dealing with a narrow issue; a contracted marriage before a registrar. They [Preserve Marriage] are not a proper party to assist the court in the legal issue it must determine.”
Mr Pettingill also made an application for the charity to provide “security of costs” for the proceedings if it was allowed to be involved. He claimed Preserve Marriage's legal fees were being funded by “third parties” and said the identities of those third parties should be revealed.
But yesterday in court Mrs Justice Simmons said that there was no provision in law for the security of costs order to be made against an intervener. The substantive Judicial Review hearing has been set down to take place on December 8, 9 and 12.
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