Discrimination

BehindTheScenes

This is a slightly political question but I am curious of opinion from a legal perspective. Yesterday I had the bright idea of joining the orange order and was refused. The reason given for the refusal is that my charachter is unsuitable for the order.

Would the argument that it was because I am a Roman Catholic be accepted in the courts? Keep in mind that that the reason for refusal is vague but none the less states that I am of unsuitable charachter. Also not everyone might realise that the order strictly discriminates against Roman Catholics. Would developing this argument from that viewpoint add any substance to it?

If it was to go to court would it pass through the Irish courts staright to Europe?

Finally, is this discrimination in the Republic of Ireland tolerated due to a lack of legislation?

Take this as a purely hypothetical situation by the way. (Edited due to a grammatical mistake.)

johnnyskeleton

BehindTheScenes wrote:

Would the argument that it was because I am a Roman Catholic be accepted in the courts? Keep in mind that that the reason for refusal is vague but none the less states that I am of unsuitable charachter. Also not everyone might realise that the order strictly discriminates against Roman Catholics. Would developing this argument from that viewpoint add any substance to it?

No. The Orange Order is a protestant organisation, the entire purpose of which is to further Protestantism (and to a lesser extent it's political aspirations). Apart from any argument about whether it is a political or religious organisation, even if it were a club, it would be exempt under s9 of the Equal Status Act, 2000

BehindTheScenes wrote:

If it was to go to court would it pass through the Irish courts staright to Europe?

Assuming that there were discrimination, it would have to go through the Irish Courts first before going to the ECHR or the ECJ. Domestic remedies must usually be pursued prior to taking a case to a European Court.

BehindTheScenes wrote:

Finally, is this discrimination in the Republic of Ireland tolerated due to a lack of legislation?

There is legislation, the Equal Status Act, 2000 and the Equality Act, 2004 which amends it.

Victor

As a discriminating organisation, they aren't allowed an alcohol licence, are they?

Tom Young

Interesting judgement on this is O'Higgins J. in Equality Authority v. Portmarnock Golf Club. http://www.bailii.org/ie/cases/IEHC/2005/H235.html

For the reasons I have set out the plaintiffs' constitutional arguments cannot prevail. I do not accept that the right of association can only be circumscribed by considerations of "public order and morality". In my view there is no warrant in the case law for his contention that the "membership decision" (as it has been called) is subject to different criteria to the activities of a club with regard to what may be subject matter of legislation. Furthermore, I do not accept the submission that the constitutional right of freedom of association is to be taken in the isolated fashion contended for by the golf club. Moreover the submissions of the golf club on Article 40.1 of the Constitution do not preclude t he enactment of legislation to achieve equality.

The opinion of the High Court is sought in the case stated as to whether the District Court was correct in law in making the determination that the Club was a discriminating Club and in imposing the consequential order. It follows from the findings of this Court that the answer to the question is in the negative.

In the other proceedings the plaintiff is entitled to a declaration that by reason of the provisions of s. 9 of the Equal Status Act, 2000 the Club shall not be considered a discriminating Club for the purposes of s. 8 of the Equal Status Act, 2000.

johnnyskeleton

Tom Young wrote:

Interesting judgement on this is O'Higgins J. in Equality Authority v. Portmarnock Golf Club. http://www.bailii.org/ie/cases/IEHC/2005/H235.html

Women have curves type gyms and men have portmarnock type golf clubs for when they wish to retreat from members of the opposite sex. Thereby, everybody is happy.