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Same-sex marriage is legal in Ireland, following approval of a referendum on which amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners.In that case, Dr Foy was a transgender woman and sought a finding that she was born female but suffered from a congenital disability and claimed that the existing legal regime infringed her constitutional rights to marry a biological man.In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote.

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Foy had also issued new proceedings in 2006 relying on a new ECHR Act, which gave greater effect to the European Convention on Human Rights in Irish law.In 1988, Norris took a case to the European Court of Human Rights to argue that Irish law was incompatible with the European Convention on Human Rights. Ireland, ruled that the criminalisation of male homosexuality in the Republic violated Article 8 of the Convention, which guarantees the right to privacy in personal affairs.The Oireachtas (Irish Parliament) decriminalised male homosexuality five years later, when the Minister for Justice, Maire Geoghegan-Quinn, in the 1992–1994 Fianna Fáil—Labour Coalition Government included decriminalisation with an equal age of consent (an equal age of consent was not required by the ECHR ruling) in a bill to deal with various sexual offences.The judge noted that Article 12 of the ECHR is equally predicated.Accordingly, he found that there was no sustainable basis for the applicant's submission that the law which prohibited her from marrying a party of the same biological sex as herself, was a violation of her constitutional right to marry.

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