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Dr Foy stressed the Goodwin decision where the European Court of Human Rights had found that the UK had breached the rights of a transgender woman, including her right to marry.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.Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues to one holding overwhelmingly liberal ones in the space of a generation.In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote.The bill was supported by all parties, although individual politicians have criticised the legislation.

Same-sex marriage is legal in Ireland, following approval of a referendum on which amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners.Therefore, the state is entitled to hold the view which is espoused and evident from its laws.The Irish Supreme Court returned Foy's case to the High Court in 2005 of the ECHR.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.

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