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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 support of her claim, she relied on case law from the ECHR.In 1983, David Norris took a case to the Supreme Court seeking to challenge the constitutionality of these laws but was unsuccessful. Attorney General judgement (delivered by a 3–2 majority), the court referred to the "Christian and democratic nature of the Irish State" and argued that criminalisation served public health and the institution of marriage.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.Government recognition of LGBT rights in Ireland has expanded greatly over the past two decades.Homosexuality was decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed.Prior to 1993, certain laws dating from the nineteenth century rendered male homosexual acts illegal.
Mc Kechnie J was very reproachful of the Government in his judgment and asserted that, because there is no express provision in the Civil Registration Act, which was enacted after the Goodwin decision, it must be questioned as to whether the State deliberately refrained from adopting any remedial measures to address the ongoing problems.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.The judge concluded that the right to marry is not absolute and has to be evaluated in the context of several other rights including the rights of society.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.None of the parties represented in the Oireachtas opposed decriminalisation.