March 2024 Irish constitutional referendums

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Thirty-ninth Amendment of the Constitution (The Family) Bill 2023
8 March 2024 (2024-03-08)
Fortieth Amendment of the Constitution (Care) Bill 2023
8 March 2024 (2024-03-08)

Two bills to amend the constitution of Ireland will be put to referendums on 8 March 2024.[1][2] The Thirty-ninth Amendment of the Constitution (The Family) Bill 2023 would revise the definition of family to include durable relationships outside marriage. The Fortieth Amendment of the Constitution (Care) Bill 2023 would remove references to a woman's "life within the home" and "duties in the home", with the addition of a new Article on care within the family.[3][4]

Background[edit]

The Taoiseach Leo Varadkar marked International Women's Day (8 March 2023) by announcing the government's intention to hold a referendum in November 2023 to enshrine gender equality in the Constitution by amending Articles 40 and 41.[5][6]

Proposals for constitutional amendments were due to be published by the end of June with a referendum to follow in November.[5] In August 2023, official and political sources told The Irish Times that the referendum was unlikely to take place in November, as planned. Scrutiny of the term "family" by senior officials drafting the text of the amendment had raised thorny questions about its definition and about related gender issues, provoking official caution likely to create delay.[7] The following week, in September, Taoiseach Varadkar announced that the government had decided to hold two referendums on the issue, in the "lifetime of the Government". He said the wordings of the amendments had not yet been finalised.[8]

On 5 December 2023, the Taoiseach and Tánaiste confirmed the topics of the two referendums proposed to be held on 8 March 2024.[2] Gender equality will not be included in the amendments, to avoid the placing of gender discrimination above other types of discrimination.[9]

Wording[edit]

The bills were presented to the Dáil by the Minister for Children, Equality, Disability, Integration and Youth on 8 December 2023.[10][11] Both bills were passed by the Dáil on 17 January 2024.[12][13][14] They were passed by the Seanad on 23 January.[15][16]

The Family[edit]

The Thirty-Ninth Amendment of the Constitution (The Family) Bill 2023 (bill no. 91 of 2023) proposes to amend Article 41.1.1° to insert the words "whether founded on marriage or on other durable relationships".

It also proposes the deletion of the words "on which the Family is founded" from Article 41.3.1°.

Article 41.1.1° would be amended by the addition of the text in bold:

The State recognises the Family, whether founded on marriage or on other durable relationships, as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.

Article 41.3.1° currently reads:

The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.

Under the Thirty-ninth Amendment, the following text would be substituted for this subsection:

The State pledges itself to guard with special care the institution of Marriage and to protect it against attack.

Care[edit]

Article 41.2 currently reads:

1° In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.


2° The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.

The Fortieth Amendment of the Constitution (Care) Bill 2023 (bill no. 92 of 2023) proposes to delete Article 41.2 from the Constitution and to insert a new Article 42B:[17]

Article 42B
The State recognises that the provision of care, by members of a family to one another by reason of the bonds that exist among them, gives to Society a support without which the common good cannot be achieved, and shall strive to support such provision.

If passed, it will also renumber Article 41.3.1°, referenced above, as Article 41.2.1°.

Campaign[edit]

On 25 January, the Electoral Commission launched an information campaign to explain the proposed amendments and promote participation.[18] This is the first time it has performed the function, which was previously the responsibility of a Referendum Commission established for each referendum.[19]

Political parties[edit]

Both referendums are supported by the government parties of Fianna Fáil (with Thomas Byrne as director of elections), Fine Gael (with Heather Humphreys as director of elections), and the Green Party (with Pauline O'Reilly as director of elections).[20] Among the opposition parties, they are supported by the Labour Party, the Social Democrats and People Before Profit.[21][22]

Sinn Féin was due to decide on the issue at a meeting of their Ard Comhairle on 3 February 2024 and eventually decided on 12 February 2024 to support both referendums "despite considerable disappointment with how the government has handled the upcoming proposals for constitutional change".[23][24] On 20 February 2024 Mary Lou McDonald said that Sinn Féin would re-run the Care referendum, with a revised wording, if it is rejected and if Sinn Féin are in government.[25]

Aontú is the only political party in the Oireachtas opposing both referendums.[26] The Irish Freedom Party is also opposing both referendums and it has been reported that the Christian Solidarity Party also opposes both, however this party is no longer on the Register of Political Parties.[27][28] The National Party is opposed to both referendums.[citation needed]

Civil society groups[edit]

The referendums are also supported by civil society groups including the National Women's Council of Ireland, Treoir, Family Carers Ireland, One Family, Union of Students in Ireland, and Spark.[29][30][31][32][33]

Both referendums are opposed by the Iona Institute, Family Solidarity, and the Irish Women's Lobby.[34]

The Free Legal Advice Centres (FLAC) supports the Family amendment but does not support the Care amendment, which they describe as "implicitly sexist" and "ineffective".[35][36] Both Independent Living Movement Ireland and the Irish Council for Civil Liberties have criticised the wording of the Care amendment but neither organisation will campaign against it.[37]

Religious groups[edit]

The Catholic Bishops' Conference had said it would not be issuing any public comment until their Spring General Meeting which takes place in the days running up to the vote, however a statement was read out at mass on 25 February 2024 calling for a No vote in both referendums, arguing that Yes votes would weaken the incentive to marry and remove motherhood from the Constitution.[38] Previously, Denis Nulty, Bishop of Kildare and Leighlin had expressed concerns about the changes.

No other religious or faith group has expressed a position supporting or opposing the referendums. Imam Hussein Halawa of the Islamic Cultural Centre of Ireland has stated he does not believe there is a need to amend the Constitution but has stopped short of calling for a vote either way. Rabbi Yoni Wieder of the Dublin Hebrew Congregation stated that they will not be taking any one stance ahead of the referendum. Michael Jackson, Archbishop of Dublin in the Church of Ireland, declined to make a statement citing the level of debate around the term "durable".[39]

Opinion and exit polling[edit]

The Family[edit]

Last date
of polling 		Polling firm / Commissioner Sample size Yes No Undecided Would not vote Lead
6 February 2024 Ipsos B&A/The Irish Times[40] 1,200 53% 15% 27% 5% 38%
21 February 2024[41] Red-C/The Business Post[42] 1,009[41] 52% 22% 20% 5% 30%

Care[edit]

Last date
of polling 		Polling firm / Commissioner Sample size Yes No Undecided Would not vote Lead
6 February 2024 Ipsos B&A/The Irish Times[40] 1,200 60% 12% 23% 5% 48%
21 February 2024[41] Red-C/The Business Post[42] 1,009[41] 56% 20% 19% 5% 36%

References[edit]

  1. ^ "Statement from the Department of Housing, Local Government and Heritage". Government of Ireland (Press release). Department of Housing, Local Government and Heritage. 24 January 2024. Archived from the original on 25 January 2024. Retrieved 25 January 2024.
  2. ^ a b "Referendums on family and care to be held in March 2024". RTÉ News. 5 December 2023. Archived from the original on 8 December 2023. Retrieved 23 December 2023.
  3. ^ Bolton, Michael (5 December 2023). "Referendums on women in the home and concept of family to take place next March". BreakingNews.ie. Archived from the original on 4 February 2024. Retrieved 5 December 2023.
  4. ^ Finn, Christina (5 December 2023). "Referendums on 'women in the home' reference and wider definition of family to be held in March". TheJournal.ie. Archived from the original on 5 December 2023. Retrieved 5 December 2023.
  5. ^ a b "Referendum on gender equality to take place in November". RTÉ News. 8 March 2023. Archived from the original on 9 March 2023. Retrieved 9 March 2023.
  6. ^ "Taoiseach and Minister O'Gorman announce holding of referendum on gender equality". Government of Ireland (Press release). Department of the Taoiseach. 8 March 2023. Archived from the original on 14 April 2023. Retrieved 14 April 2023.
  7. ^ "Doubts grow over 'women in the home' referendum". The Irish Times. 28 August 2023. Archived from the original on 1 November 2023. Retrieved 1 November 2023.
  8. ^ Cunningham, Paul (6 September 2023). "Government to hold two referendums on gender equality, says Taoiseach". RTÉ News. Archived from the original on 1 November 2023. Retrieved 1 November 2023.
  9. ^ Finn, Christina (5 December 2023). "Referendums on 'women in the home' reference and wider definition of family to be held in March". TheJournal.ie. Archived from the original on 5 December 2023. Retrieved 5 December 2023.
  10. ^ "Thirty-ninth Amendment of the Constitution (The Family) Bill 2023". Oireachtas. Archived from the original on 25 January 2024. Retrieved 8 December 2023.
  11. ^ "Fortieth Amendment of the Constitution (Care) Bill 2023". Oireachtas. Archived from the original on 8 December 2023. Retrieved 8 December 2023.
  12. ^ "Thirty-ninth Amendment of the Constitution (The Family) Bill 2023: Committee and Remaining Stages - Dáil Éireann (33rd Dáil) - Vol. 1048 No. 1". Oireachtas. 17 January 2024. Archived from the original on 25 January 2024. Retrieved 25 January 2024.
  13. ^ "Fortieth Amendment of the Constitution (Care) Bill 2023: Committee and Remaining Stages - Dáil Éireann (33rd Dáil) - Vol. 1048 No. 1". Oireachtas. 17 January 2024. Archived from the original on 4 February 2024. Retrieved 25 January 2024.
  14. ^ "'Durable' relationships, 'throuples' and care in the home discussed in referendums Dáil debate". 17 January 2024. Archived from the original on 17 January 2024. Retrieved 17 January 2024.
  15. ^ "Thirty-ninth Amendment of the Constitution (The Family) Bill 2023: Committee and Remaining Stages - Seanad Éireann (26th Seanad) - Vol. 298 No. 3". Oireachtas. 23 January 2024. Archived from the original on 25 January 2024. Retrieved 25 January 2024.
  16. ^ "Fortieth Amendment of the Constitution (Care) Bill 2023: Committee and Remaining Stages - Seanad Éireann (26th Seanad) - Vol. 298 No. 3". Oireachtas. 23 January 2024. Archived from the original on 4 February 2024. Retrieved 25 January 2024.
  17. ^ "Government approves proposals for referendums on family and care" (Press release). 7 December 2023. Archived from the original on 17 January 2024. Retrieved 17 January 2024.
  18. ^ Dawson, Brian (25 January 2024). "Referendums Campaign Launches with Commitment to Independent, Clear and Accessible Information". Electoral Commission (Press release). Archived from the original on 25 January 2024. Retrieved 25 January 2024.
  19. ^ Dawson, Brian (8 March 2023). "Electoral Commission to Inform Public Debate and Participation in Gender Equality Referendum". Electoral Commission (Press release). Archived from the original on 14 April 2023. Retrieved 14 April 2023.
  20. ^ Ryan, Philip (3 February 2024). "Fury in Fianna Fáil over appointment of male minister to oversee 'women in the home' referendum campaign". Irish Independent. Archived from the original on 3 February 2024. Retrieved 4 February 2024.
  21. ^ O'Cearbhaill, Muiris (24 January 2024). "Labour to support a Yes vote in upcoming referendums after party's rewording not accepted". Archived from the original on 26 January 2024. Retrieved 4 February 2024.
  22. ^ McQuinn, Cormac; Bray, Jennifer. "Sinn Féin and Social Democrats set to campaign for 'Yes-Yes' vote in upcoming referendums". The Irish Times. Archived from the original on 28 January 2024. Retrieved 4 February 2024.
  23. ^ Ryan, Philip (26 January 2024). "'We have not yet taken a position' – Sinn Féin says it will reveal stance on referendums next week". Irish Independent. Archived from the original on 27 January 2024. Retrieved 4 February 2024.
  24. ^ McDonald, Mary Lou (12 February 2024). "Sinn Féin will support proposals for constitutional change, but much more must be done to support families and carers". Sinn Fein. Archived from the original on 19 February 2024. Retrieved 21 February 2024.
  25. ^ Regan, Mary (20 February 2024). "'Sinn Féin would re-run care referendum if rejected on 8 March'".
  26. ^ Molony, Senan (13 February 2024). "Aontú only political party advocating for No-No vote on upcoming referendums on care and family". Irish Independent. Archived from the original on 19 February 2024. Retrieved 21 February 2024.
  27. ^ Loughlin, Elaine (19 February 2024). "Ireland is voting in two referendums on March 8 - here is what you need to know". Irish Examiner. Retrieved 21 February 2024.
  28. ^ "Register of Political Parties".
  29. ^ "NWC launch #VoteYesYes Referendum Campaign". National Women's Council of Ireland. Archived from the original on 26 January 2024. Retrieved 4 February 2024.
  30. ^ "John O'Meara Wins Case for Widow's Pension for Cohabiting Parents in Supreme Court". Treoir. Archived from the original on 26 January 2024. Retrieved 4 February 2024.
  31. ^ "Family Carers Ireland Launches 'YesYes' Campaign for Historic Care Referendum". Family Carers Ireland. 18 January 2024. Archived from the original on 4 February 2024. Retrieved 4 February 2024.
  32. ^ Murray, Sean (15 January 2024). "'Vote for a fairer Ireland': Single parent support group calls for yes vote in referendum". Archived from the original on 26 January 2024. Retrieved 4 February 2024.
  33. ^ Matthews, Jane (6 February 2024). "'A first step for carers and disabled people': Yes Yes referendum campaign launched today". Archived from the original on 19 February 2024. Retrieved 21 February 2024.
  34. ^ Bray, Jennifer (3 February 2024). "Who's who? The Yes and No camps in the March 8th family and care referendums". The Irish Times. Archived from the original on 4 February 2024. Retrieved 4 February 2024.
  35. ^ Carolan, Mary (19 February 2024). "Legal body criticises 'sexist' amendment on carers". The Irish Times. Archived from the original on 20 February 2024. Retrieved 21 February 2024.
  36. ^ "FLAC Legal and Human Rights Analysis of the Proposed Family & Care Constitutional Amendments". FLAC. 19 February 2024. Archived from the original on 19 February 2024. Retrieved 21 February 2024.
  37. ^ Carolan, Mary (20 February 2024). "Care amendment criticised by two more bodies in further blow to Yes Yes referendum campaign". The Irish Times. Archived from the original on 20 February 2024. Retrieved 21 February 2024.
  38. ^ McGarry, Patsy (25 February 2024). "Catholic bishops call for No vote in both March referendums". Irish Times.
  39. ^ Mac Donald, Sarah (19 February 2024). "Referendums 2024: What are the views of the Catholic Church and other major faiths in Ireland?". Irish Independent. Archived from the original on 19 February 2024. Retrieved 19 February 2024.
  40. ^ a b Pat Leahy (9 February 2024). "Clear majority of voters intend to vote Yes in both referendums, poll shows". The Irish Times. Retrieved 21 February 2024.
  41. ^ a b c d RED-C (25 February 2024). "Opinion Poll Report February 2024" (PDF). Retrieved 25 February 2024.
  42. ^ a b Conal Thomas (25 February 2024). "Majority of voters say they will vote yes on two upcoming referendums". The Sunday Business Post. Retrieved 25 February 2024.

Further reading[edit]

  • Cahillane, Laura (2017). "Revisiting Article 41.2". Dublin University Law Journal. 40 (2): 107–126.

External links[edit]

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