Portmarnock Golf Club, which refuses membership to women, has applied for a High Court declaration that it is not a "discriminating" club under the Equal Status Act 2000. It is also challenging the constitutionality of sections of the Act.
In May 2004 District Court Judge Mary Lynch suspended the club's drinks licence for seven days after finding its rule excluding women as members was discriminatory. However, the suspension has not been imposed to date and remains in abeyance pending the outcome of the High Court action.
The District Court had found that the club, in circumstances where it only permitted the playing of men's golf, could not claim an exemption from the provisions of the Equal Status Act. The club had said its principal purpose was to enable the playing of golf but the District Court decided exemption applied only to clubs whose principal purpose was to cater for persons of a particular gender.
The Portmarnock club has now brought the matter to the High Court challenging the constitutionality of two sections of the Equal Status Act.
Both the Equality Authority and the State are opposing the club's proceedings.
The club claims that since its establishment in 1894 and under its rules, it has consisted of members and associates who are "gentlemen properly elected" and that it conforms with the rules of amateur status. There are currently 626 members and 625 associate members.
Although section 8 of the 2000 Act contained provisions governing what are termed "discriminating clubs", the Portmarnock club contends it is not a "discriminating club" under that section. Alternatively, it claims, it is a "non-discriminating club" within the meaning of section 9 of the Act.
It said the "principal purpose" of the club was "to cater for the need of persons of a particular gender" - male golfers - and the club refuses membership to other persons. Notwithstanding that, the Equality Authority had asserted it was a "discriminating" club.
A letter of July 12th, 2001, from the authority had asked the club what provisions it had made, consequent upon the enactment of the Equal Status Act, and inquiring whether any females had become members and had been admitted to the full range of rights, facilities and membership. The letter said that if the club had failed to take steps to comply with the Act, the authority might consider initiating proceedings.
Following further correspondence between the sides, the authority informed the club in April 2003 that it had decided to start proceedings against the club under section 8.
In its High Court action, the club argues that the Equality Authority has not published any code of practice in relation to the issues of gender in golf clubs, pursuant to section 56 of the Employment Equality Act, despite being requested to do so by the Minister for Justice, Equality and Law Reform in June 2000.
It claims its members and associate members have a right under Article 40.6 of the Constitution to form an association and union and to freely associate with like-minded people, in this case male golfers.
Interference with members and associate members is unreasonable and represents the wrongful imposition of a sanction upon and/or wrongful coercion of the exercise of their constitutional rights and constitutionally protected freedoms, it is argued.
The hearing, before Mr Justice Kevin C O'Higgins, continues today.