The Circuit Civil Court has affirmed that a couple with intellectual disabilities may lawfully marry, marking a significant development in Ireland’s approach to decision-making capacity and personal autonomy. Judge Shannon rejected an application from a residential care facility seeking a declaration that one of its residents, a man in his 40s, lacked the capacity to consent to marriage, and found that the statutory presumption of capacity had not been displaced.
The couple, who have been in a committed relationship for more than two decades, previously exchanged personal vows in a symbolic ceremony after the High Court temporarily prevented the man, then a ward of court, from marrying. Both individuals opposed the residential centre’s application, relying on protections under the recently revised Assisted Decision-Making (Capacity) Act.
In his judgment, Judge Shannon emphasized that capacity is presumed and that the burden of proof rests with the party alleging incapacity. He noted that the Act reflects a significant shift away from blanket prohibitions and toward individualized capacity assessments, including in relation to the right to marry. The decision confirmed that objections to proposed marriages on capacity grounds must now be supported by a court declaration.
Expert psychiatric evidence presented conflicting views on the man’s capacity. The court determined that the assessments relied upon by the residential centre did not fully satisfy statutory requirements, particularly regarding opportunities to learn about marriage, receive information in accessible formats, or demonstrate understanding over time. The judge found no credible evidence of coercion or undue influence and stated that the couple’s wish to marry was longstanding, voluntary, and consistently expressed.
Judge Shannon described the relationship as loving, resilient, and well tested, adding that the court must balance safeguarding obligations with constitutional and human rights protections relating to marriage, privacy, and family life. He concluded that granting the declaration would constitute a disproportionate interference with those rights and refused the application.
The ruling provides clear guidance on the legal threshold for capacity to marry and is expected to influence future cases involving adults with intellectual disabilities, reinforcing a rights-based framework that supports autonomy, dignity, and inclusion.