Equality appeal against golf club

The Equality Authority has decided to appeal the recent High Court decision on Portmarnock Golf Club to the Supreme Court.

The Equality Authority has decided to appeal the recent High Court decision on Portmarnock Golf Club to the Supreme Court.

Earlier this year the High Court upheld an appeal by the golf club against a District Court ruling that its men-only policy contravened anti-discrimination law.

Such a ruling against a club has implications for its licence to sell alcohol, and in this case the club's licence was suspended for seven days, but its appeal meant the sanction was not imposed.

When the appeal was heard in the High Court the court found it was not a discriminating club, though it did not find the Equal Status Act was unconstitutional.

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Explaining the decision to appeal to the Supreme Court, Niall Crowley, chief executive of the Equality Authority, said: "The case raises key issues of principle for the effective promotion of equality where a significant institution in Irish society can exclude women from both the direct recreational benefits of membership and the indirect social and economic benefits that flow from that membership."

He said the Equality Authority was concerned that the decision of the High Court established a precedent that could potentially be availed of by other registered clubs to exclude women or people of a particular religion, sexual orientation or ethnic origin.

In the original case the Equality Authority had applied to the District Court for a declaration that Portmarnock Golf Club was a discriminating club under the Equal Status Act because of its exclusion of women from membership.

In February 2004 the District Court found the club was a discriminating club and in May 2004 the District Court suspended Portmarnock Golf Club's licence to sell alcohol for a seven-day period.

In June the High Court decided that Portmarnock Golf Club was not a discriminating club under the Equal Status Act. It is this decision that is now being appealed.