In the first legal case of its kind in the UK, a couple are fighting for their same-sex marriage to be recognised in Northern Ireland

The couple, who must remain anonymous for legal reasons, married in the England last year.

They say their marriage should be recognised in Northern Ireland as a marriage, not a civil partnership.

A legal challenge known as ‘X’s Petition’ will ask the courts to rule that the marriage of ‘X’ and his husband should be fully recognised here.

The petition – against the Northern Ireland Assembly and the UK Government – is listed for a two-day hearing.

The couple is seeking a declaration from the Family Court in Belfast that they remain lawfully married in Northern Ireland.

However, the Marriage Act 2013 states that they should only be recognised as civil partners in Northern Ireland.

Northern Ireland’s Attorney General John Larkin QC will represent the Assembly. Barrister Karen Quinlivan and solicitor Ciaran Moynagh from McLernon Moynagh will represent the couple.

The challenge is being supported by gay rights group The Rainbow Project and funded by Public Interest Litigation Support (PILS).N

Last night John O’Doherty of The Rainbow Project said:

“X and his husband are married. It is really that simple. They were lawfully married and their marriage remains lawful in Northern Ireland,” he said.

“It is without precedent that a married person stops being married when they travel to different parts of the UK and it is hugely insulting to X and his husband that their marriage could be reclassified without their consent and called a civil partnership when it is not.”

Last week, the Assembly voted in favour of allowing same-sex marriage for the first time, but a DUP petition of concern vetoed any change.

Northern Ireland remains the only part of the UK or Ireland that has not passed legislation to allow same-sex couples to marry.