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Property boss wins ‘gay’ harassment case
The Irish Reformation was initially restricted to Dublin , driven by its bishop, George Browne , although when Edward VI succeeded in , the pace of reform in both England and Ireland intensified. Catholicism was restored by Mary I ; four bishops had to resign as they were married but the Marian period in Ireland was largely characterised by inertia. For example, Hugh Curwen backed the reforms of Henry and Edward, returned to Catholicism under Mary who appointed him Roman Catholic Archbishop of Dublin in , before switching back to the Protestant faith under Elizabeth; he was later charged with moral delinquency by Adam Loftus, Archbishop of Armagh.
Northern Ireland, a country that still bears the scars of healed religious and political divisions, and where the church and state are entwined, is the only place in Western Europe where same-sex.
However, on their return their marriage was not recognised under British law. Under the subsequent Civil Partnership Act, it was instead converted into a civil partnership. The couple sued for recognition of their marriage, arguing that it was legal in the country in which it was executed and met the requirements for recognition of overseas marriages and should thus be treated in the same way as one between opposite-sex couples. They rejected the conversion of their marriage into a civil partnership believing it to be both practically and symbolically a lesser substitute.
They were represented by the civil rights group Liberty. The group’s legal director James Welch said it was a matter of fairness and equality for the couple’s marriage to be recognised and that they “shouldn’t have to settle for the second-best option of a civil partnership”. The President of the Family Division, Sir Mark Potter , gave as his reason that “abiding single sex relationships are in no way inferior, nor does English Law suggest that they are by according them recognition under the name of civil partnership”, and that marriage was an “age-old institution” which, he suggested, was by “longstanding definition and acceptance” a relationship between a man and a woman.
He also claimed that the demand in legal costs was designed to damage the couple financially so they would not be able to appeal. The first major campaign against same-sex marriage in Britain was Scotland for Marriage established in , followed by the Coalition for Marriage in England and Wales in Subsequent campaigns for and against same-sex marriage have been established by a wide variety of organisations, including the Coalition for Equal Marriage and Out4Marriage , both established in England in In Northern Ireland, a campaign for full same-sex marriage was established by LGBT rights activist and political campaigner Gary Spedding in June with the specific goal of challenging social attitudes whilst lobbying the Northern Ireland Assembly to enact legislation to update the Marriage Order Northern Ireland Political parties[ edit ] Conservative:
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International obligations[ edit ] Neither the European Union nor the Council of Europe have suggested any specific age of consent, and there has not been any effort so far to standardize the age across member states. However, most countries in Europe now have binding legal obligations in regard to the sexual abuse of children under The Lanzarote Convention ,  which came into effect in , obligates the countries that ratify it to criminalize certain acts concerning children under 18, such as the involvement of such children in prostitution and pornography.
Other acts that must be criminalized include: Use is made of coercion, force or threats; or Abuse is made of a recognised position of trust, authority or influence over the child, including within the family; or Abuse is made of a particularly vulnerable situation of the child, notably because of a mental or physical disability or a situation of dependence. No specific age is recommended. As of September , the convention has been ratified by 44 states, while another 3 states have signed but not yet ratified the convention.
The penalty is more severe when the subject is below the age of
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Philip Swain, who runs Property Lets NI Ltd, sued over an alleged year-long campaign of libel, harassment and malicious falsehood. The payout, ordered by the High Court, also covered the posting of an online advertisement. It wrongly claimed he was selling up to move to a homosexual district in San Francisco. Defendant Steve Gould, described as having an address in County Down, was identified after the court ordered an internet provider to disclose his details.
Mr Swain is not gay, has not put his business up for sale, and is not relocating to the US west coast, it was stressed in court. His lawsuit covered profiles being created in his name on various dating sites from June to May An advertisement was also posted on Gumtree stating that his company was for sale because he was moving with a gay partner to San Francisco.
He said that the campaign was intended to portray him as homosexual, promiscuous and unfaithful, and seeking to meet men for casual encounters. In a ruling last month, Master McCorry emphasised that being described as gay cannot by itself be considered defamatory. But he held that both Mr Swain and his firm had been libelled. The same finding was made on the businessman’s claim to have suffered harassment.
Master McCorry said his assessment took into account the slur on the businessman’s character, the impact on his life and the emotional and psychological distress, the duration of the offending conduct and range of publication.