TWO landmark cases to recognise same sex marriage in Northern Ireland have been dismissed.
The legal challenge was made by Grainne Close and Shannon Sickles - the first women to have a civil partnership in the UK - and Henry Edmond Kane and Christopher Patrick Flanagan, as well as an another man who married in London in 2014.
Dismissing the cases Justice O’Hara, sitting in Belfast High Court, said his decision was based on law not social policy.
Campaigners have now called on Prime Minister Theresa May, in the absence of the Executive at Stormont, to amend the UK's marriage legislation to make it applicable in Northern Ireland.
“To the frustration of supporters of same sex marriage the Assembly has not yet passed into law any measure to recognise and introduce same sex marriage," Justice O'Hara said.
"Their frustration is increased by the fact that the Assembly has voted by a majority in favour of same sex marriage, but by reason of special voting arrangements which reflect the troubled past of this State, that majority has not been sufficient to give the vote effect in law.”
He added: “It is not at all difficult to understand how gay men and lesbians who have suffered discrimination, rejection and exclusion feel so strongly about the maintenance in Northern Ireland of the barrier to same sex marriage."
In England and Wales same sex marriage is recognised in law by the Marriage (Same Sex Couples) Act 2013 but this does not extend to Northern Ireland where civil partnerships exist.
Two same sex couples who lost challenge against NI gay marriage ban insist legal fight will go on. @PA pic.twitter.com/iz6iw6UITD
— David Young (@DavidYoungPA) August 17, 2017
The Rainbow Project, Northern Ireland's advocacy organisation for lesbian, gay, bisexual and transgender people expressed disappointment in the dismissal of the petition.
Speaking after the judgment, Director of The Rainbow Project John O'Doherty said: "Of course we are bitterly disappointed for our clients who just wanted to be treated the same as everyone else.
"They were lawfully married in England and all they sought was recognition of their marriage at home in Northern Ireland.
He added: "However, the battle for marriage equality in Northern Ireland continues and although we will study the judgment and consult with our clients and legal team about the prospects of a successful appeal, this judgment makes clear that it is the ultimate responsibility of legislators to protect the marriage rights of lgbt people.
"The eyes of LGBT people around the world will now be on Theresa May. She says that she has changed her mind on LGBT equality over her years in Parliament. Now is her chance to prove it."
Grainne Teggart of the Love Equality campaign said: "Despite this disappointing outcome, we will continue to campaign until same-sex couples are afforded an equal chance at civil marriage.
"The current laws in Northern Ireland preventing this are discriminatory, and belong in the past. It is unacceptable that same sex couples can marry in the rest of the UK, but not in Northern Ireland."
Clare Moore, also of Love Equality, added: "During this period of political instability it is now imperative that the Westminster government takes immediate action to ensure that the rights of LGBT people in United Kingdom are available for all UK citizens."
