Portmarnock Golf Club will not be appealing yesterday's District Court judgment that it was a discriminatory club for its refusal to admit women. Instead, it is choosing to take a different legal route by challenging the constitutionality of the Equal Status Act itself.
In the District Court the club's arguments centred on the interpretation of provisions of the Act and its constitutionality.
Judge Collins interpreted the Act, in particular Section 9, and based on her ruling on the ordinary meaning of the words found the club to be discriminatory. However, the District Court has no jurisdiction to rule on constitutional cases.
While the club's case will not have major implications for other clubs in the State - the only other golf club which has a similar male-only membership rule is the Royal Dublin in north Dublin - the constitutional challenge will if necessary clarify any ambiguity in the legislation. A legal source said if the Constitution was upheld, the case would go back to the District Court which would then decide on its course of action. At that stage, the club could conform to avoid sanctions.
The sanction for being in breach of the Act is withdrawal for up to 30 days of the club certificate of registration which allows it to serve drink.
After that the Equality Authority can return to court and, if the club has not changed its rules, a further sanction of permanently withdrawing the certificate can be imposed.
Even then, the club can come back to the court if it changes its rules. The source said the main purpose of the Act was to bring about compliance.
In the High Court the burden of defending the constitutionality of the Act will fall on Ireland, the Minister for Justice and the Attorney General. The Equality Authority will be a named party.
The arguments are expected to focus on sections of the Act, particularly interpretation of what type of clubs can be exempted from being classified as discriminatory.
When the then Minister for Justice, Mr O'Donoghue, introduced amendments to the law in 2000, he gave examples of those who could be exempted as Freemasons, Travellers' groups, or, for instance, an Albanian group who wanted to restrict membership only to members of their own nationality.
Counsel for the club has argued that the constitutional rights of association, privacy and property are being breached.
The case is likely to go before the High Court within the next three months to set a date and could be heard before the end of the law year in July.
However, it is probable that once it is heard, the party who loses will appeal to the Supreme Court. In that case, the action is likely to be delayed until possibly next January.