Equality Authority -v- Portmarnock Golf Club & ors and Cuddy & anor -v- Equality Authority & ors [2009] IESC 73 (03 November 2009)

Equality Authority -v- Portmarnock Golf Club & ors and Cuddy & anor -v- Equality Authority & ors [2009] IESC 73 (03 November 2009)

A club whose principal purpose is to cater only for the needs of persons of a particular gender, including through activities such as golf, falls within the exemption in s.9(1)(a) of the Equal Status Act 2000 and is not a 'discriminating club' under s.8. The term 'needs' is to be interpreted broadly, and the statutory scheme permits single-gender clubs. The sanction for discriminating clubs does not render such clubs unlawful nor does it infringe the constitutional right of association in this context.

Citation
[2009] IESC 73
Parties
Plaintiff: Equality Authority; Defendants: Portmarnock Golf Club, Daniel Lynch, Colin Hartnett, T. M. Healy, Joseph Leyden, Joseph McAleese, W. P. Twanley and R. C. Cuddy; Plaintiffs: Robert C. Cuddy and David Keane; Defendants: Equality Authority, Ireland and The Attorney General
Jurisdiction
Ireland
Judgment Date
03 November 2009
Procedural Posture
Statutory Interpretation and Constitutional Challenge / Supreme Court Appeal From High Court Decision on Case Stated and Constitutional Action
Outcome
Appeal dismissed
Legal Topics
Discrimination in Clubs, Freedom of Association, Interpretation of Equal Status Act 2000, Gender Discrimination, Statutory Exemptions for Single Gender Clubs
Equality Law Constitutional Law Statutory Interpretation Discrimination in Clubs Freedom of Association Interpretation of Equal Status Act 2000 Gender Discrimination Statutory Exemptions for Single Gender Clubs

Case Brief

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Parties

Equality Authority

Plaintiff

Portmarnock Golf Club, Daniel Lynch, Colin Hartnett, T. M. Healy, Joseph Leyden, Joseph McAleese, W. P. Twanley and R. C. Cuddy

Defendants

Robert C. Cuddy and David Keane

Plaintiffs

Equality Authority, Ireland and The Attorney General

Defendants

Procedural Posture

Statutory Interpretation and Constitutional Challenge / Supreme Court Appeal From High Court Decision on Case Stated and Constitutional Action

Legal Issues

  1. 1 Whether Portmarnock Golf Club is entitled to rely on the exception in s.9(1)(a) of the Equal Status Act 2000 to avoid being classified as a 'discriminating club' under s.8
  2. 2 Whether the principal purpose of the club is to cater only for the needs of persons of a particular gender within the meaning of the Act
  3. 3 Whether the statutory sanction for 'discriminating clubs' infringes constitutional rights of association

Ratio Decidendi

A club whose principal purpose is to cater only for the needs of persons of a particular gender, including through activities such as golf, falls within the exemption in s.9(1)(a) of the Equal Status Act 2000 and is not a 'discriminating club' under s.8. The term 'needs' is to be interpreted broadly, and the statutory scheme permits single-gender clubs. The sanction for discriminating clubs does not render such clubs unlawful nor does it infringe the constitutional right of association in this context.

Court Disposition

Appeal dismissed

Orders

  • The Supreme Court affirms the High Court's decision that Portmarnock Golf Club is not a discriminating club under s.8 by reason of s.9 of the Equal Status Act 2000.
  • Costs awarded to the club in the case stated; costs of the constitutional action awarded to the State.