On Friday March 8, Irish citizens are being asked to vote on two proposed changes to the constitution.
The first Referendum concerns the concept of Family in the Constitution.
The second Referendum proposes to delete an existing part of the Constitution and insert new text providing recognition for care provided by family members to each other.
Irish citizens have two separate votes on whether you wish to make the proposed changes to the current text of Article 41 of the Constitution.
Ultimately, the two referendums are about broadening definitions of carers and the family.
The wording around the family would be changed so that the State recognises the family, “whether founded on marriage or on other durable relationships, as the natural primary and fundamental unit group of society.”
The second would delete Article 41.2 to remove the reference to the role of women in the home and insert a new Article 42B to recognise family care.
The change would recognise the importance to the common good of the care provided by family members to each other.
It would also make a change that says the State would “strive to support” the provision of care within families.
If a majority votes yes, then the Constitution will change.
The constitutional protection of the Family would be given to both the Family based on marriage and the Family founded on “other durable relationships”.
The Family founded on marriage means the unit based on a marriage between two people without distinction as to their sex.
The Family founded on other durable relationships means a Family based on different types of committed and continuing relationships other than marriage.
So, different types of family units would have the same constitutional rights and protections.
The institution of Marriage will continue to be recognised as an institution that the State must guard with special care and protect against attack.
If a majority votes no, then the present Articles 41.1.1 and 41.3.1 would remain unchanged.
Constitutional change was ultimately recommended by the Citizens’ Assembly on gender equality in 2021 and by a special joint Oireachtas committee in 2022.
One of the key recommendations made by the Citizens’ Assembly was for a referendum to be held to delete and replace Article 41.2 of the Constitution.
It also recommended the use of language that was not gender-specific and that would oblige “the State to take reasonable measures to support care within the home and wider community”.
Find more information on where to vote here.
