The Supreme Court, by a majority of three to two, recently agreed with part of a High Court decision, which found that Portmarnock Golf Club was a gentleman’s club which provided golfing facilities to men and was, therefore, not in breach of the Equality legislation. 

Facts

The Equality Authority had sought to have the club declared a “discriminating club” because it does not allow women to apply for membership. According to the Section 8 of the Equal Status Act 2000, one of the reasons a club may be labelled a “discriminating club” is if it has any rule, policy or practice which discriminates against a member or an applicant for membership on one of the nine grounds protected by the Act. Gender is one such ground. However, Section 9 of the Act permits a club being limited to certain groups if the “principle purpose” of the club is to “cater only for the needs of” that particular group (for example, men, such as in this case). 

The core issue of the case was whether the Portmarnock Golf Club could avail of the exemption contained in Section 9 of Act. The Equality Authority argued that because golf is not a “need” of men (or women) by virtue of their gender that the Golf Club could not avail of this exemption. It proposed that a club exclusively for men or women would come within the exemption but that, for example, a gentlemen’s golf club or a ladies book club would not.

Decision

The Supreme Court rejected the Equality Authority’s argument. Mr Justice Hardiman stated that the word “needs” should be broadly defined and found that it applies to psychological and cultural as well as physical needs. Mr Justice Geoghegan agreed with the Golf Club’s argument that the phrase “principal purpose” relates to the category of persons and not the activities of the club. He stated that the principal purpose of the Golf Club is to cater for the golfing needs of persons of a particular gender only. Mr Justice Hardiman interpreted the legislation as meaning that while one cannot discriminate on a ground of, for example, religious belief, or lack of it, between two applicants for membership of a club, one could have a club whose principal purpose is to cater for the needs of people of a particular religion or of people who have no religious belief at all.