The Irish Supreme Court has ruled that a man who was denied a widower’s pension after his partner of 20 years died from Covid-19 is entitled to the benefit, even though they were not married or in a civil partnership.
The landmark decision, which was delivered today, could have implications for the upcoming referendum on the constitutional definition of the family.
John O’Meara, a father of three from Tipperary, applied for the widower’s pension in February 2021, following the death of his partner Michelle Batey, who had been diagnosed with breast cancer in 2018 and contracted Covid-19 in December 2020.
However, his application was rejected by the Minister for Social Protection, on the grounds that he did not meet the eligibility criteria under the Social Welfare and Pensions Act 2005, which requires the applicant to be either married to or in a civil partnership with the deceased person.
Mr O’Meara, with the support of the Free Legal Advice Centre (FLAC), challenged the constitutionality of the legislation, arguing that it discriminated against him and his children on the basis of their marital status and family situation.
He claimed that the law violated his right to equality before the law, his right to respect for his family life, and his right to social security under the Constitution and the European Convention on Human Rights.
The High Court dismissed his case in October 2022, finding that the law was a reasonable and proportionate measure to protect the institution of marriage and the common good.
However, the Supreme Court, in a unanimous judgment, overturned the High Court’s ruling and declared that the relevant section of the law was invalid and unconstitutional.
The court held that the law failed to recognise the reality and diversity of family life in Ireland, and that it unjustifiably excluded Mr O’Meara from the pension scheme as a parent of the couple’s three children.
The court also noted that the law was inconsistent with the State’s obligations under international human rights law, and that it did not serve any legitimate aim or rational connection with the protection of marriage.
The court ordered the Minister to pay Mr O’Meara the widower’s pension from the date of his application, as well as his legal costs.
Mr O’Meara welcomed the judgment and said that it was a “vindication” of his and his children’s rights.
He said that he hoped that the ruling would help other families in similar situations, and that it would contribute to a wider debate on the recognition and protection of different forms of family in Ireland.
FLAC’s chief executive, Eilis Barry, said that the case was a “historic victory” for Mr O’Meara and his family, and that it highlighted the need for legal and social reform to address the inequalities faced by unmarried cohabitants and their children.
She said that FLAC would continue to campaign for the introduction of a comprehensive cohabitation law that would provide legal recognition and protection for all cohabiting couples and their families, regardless of their sexual orientation or gender identity.
She also said that the case raised important questions for the upcoming referendum on the constitutional definition of the family, which is expected to take place later this year.
The referendum, which was announced by the Government in December 2023, aims to amend Article 41 of the Constitution, which currently defines the family as being based on marriage.
The proposed amendment would provide for a broader concept of the family, which would include families based on other forms of “stable and committed relationships”.
Ms Barry said that the referendum was a “crucial opportunity” to modernise the Constitution and to reflect the diversity and reality of family life in Ireland.
She urged the Government to ensure that the wording of the amendment was clear and inclusive, and that the public was well-informed and engaged in the process.
She also called on the public to vote in favour of the amendment, saying that it would be a “positive and progressive step” for the rights and welfare of all families in Ireland.
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