 However, they decided to change the grounds of their challenge and this required them to issue a new legal challenge in the High Court.In their original case, they did not challenge the constitutionality of the Civil Registration Act, 2004 which put into law an impediment on two couples of the same sex from getting married.Since the opening up of marriage to same-sex couples under the 34th Amendment of the Constitution (Marriage Equality) Act 2015 this will arguably make their legal challenge mute .