We have two referendums coming up in Ireland next month, and it’s important to vote Yes in both of them…
At the moment, the constitution says:In Article 41.1.1° “The State recognises the Family 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.”
In Article 41.3.1°
“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.”
The family is the fundamental unit of society, and families are based on marriage. But families aren’t all based on marriage. I know, and I’m sure you know, lots of lone-parent families, and lots of families where the parents aren’t married. According to the constitution, they aren’t families and they aren’t important.
So the proposal is two changes: Add this“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.”
Delete this bit:
“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.”
Why ‘durable relationships’? Why not add a definition? Because adding precise definitions to the constitution is a really bad idea. You’re guaranteed that after 6 months someone will think of a case that isn’t covered, but if it’s in the constitution we’re stuck.
The Dail can legislate, and the courts are the final arbiter (as with everything else) whether that legislation is compatible with the constitution.
The second referendum concerns these two articles:
Article 41.2.1°
“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.”
Article 41.2.2°
“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.”
Both to be deleted, and replaced with“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.”
Because why are we talking about the life of *women* in the home? Why are we talking about the duties of *mothers*? Do women not have a life outside the home worthy of recognition? Don’t all people have duties in the home? The provision of care, by mothers, fathers, sisters, brothers, aunts, uncles… is important and valuable, and should be recognised as such whoever carries it out.
The articles about women in the home and duties of mothers have been controversial since the constitution was first written. Women have spent decades trying to get them removed.
This change is backed by the National Womens Council, Family Carers Ireland, and Independent Living Ireland (and the other amendment by Spark, the single parent’s group).
Some people argue that the referendums are not strong enough, that if we reject them we’ll get a chance to vote on better wording. But it has taken endless committees and discussions to get this far. Reject this and no government will touch the issue again for decades. Especially since the loudest No voices are the ones saying they go *too far*, that they undermine marriage and the family and the *special place* of women.
To be blunt, it’s not this or something better. It’s this or nothing.
But this is important! Almost half the babies born in Ireland in 2022 were born outside marriage/civil partnership. Does this mean they were born outside families? Of course not! But that’s what the constitution says.
And are we really going to continue living with sexist language in the constitution about the life of women and duties of mothers in the home? Time to rip out the dead hand of John Charles McQuaid!