Pro-marriage financial benefits are constitutional, says court

A 2005 law that offers benefits based on marriage does not breach the equality provisions of the constitution, a judge has ruled.

A bereaved father and his three children lost their challenge to a law under which he was refused a widower’s contributory pension because he and his partner of more than 20 years were not married.

Johnny O’Meara’s partner, Michelle Batey, was aged in her 40s when she died from Covid-19 early last year. The couple had planned to marry after her recovery from breast cancer in 2020.

Their case was rejected by Mr Justice Mark Heslin on Friday for reasons including that the relevant law was not contrary to the Constitution’s guarantee of equality.

He said he could not interfere with the aim of the legislation to support and promote marriage.

He disagreed with the applicants the reason for the WCP is to protect the family, which includes the children. That is not the reason for, or the aim of the WCP, and nor was this case about families or this particular family, he said.