Since the Irish constitution started on 29 December 1937, there have been 32 agreed amendments. Ireland has come a long way since the era of Dev Valera and McQuaid. Some referendums such as lowering the age of President 2015 , the Abolition of Seanad Éireann 2013 and others Failed to be accepted by the Irish People, Others like the Dissolution of Marriage 10th Amendment 1986 which failed led to the 15th Amendment Divorce being passed in 1995.
Referendums have been debated and at times very divisive across our land since the first one but give us as Irish citizens a chance to shape our constitution, I like to think of our constitution as our set of values document that lays out our values as people. What we expire as people to be!
On March 8th we have a chance to vote on two Referendums, The first referendum proposes the 39th Amendment known as The Family Amendment This will be on a white coloured ballot paper. It deals with Article 41.1.1°and Article 41.3.1° of the Constitution, both of which relate to the Family.
Article 41.1.1° says “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.” And Article 41.3.1° says “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 Proposal is to change Article 41.1.1° “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.”
Proposed to change Article 41.3.1° “The State pledges itself to guard with special care the institution of Marriage, and to protect it against attack.”
The current situation in The Constitution currently recognises the family unit in society and protects the Family founded on marriage. This amendment proposes to extend this to relationships outside of Marriage, Durable relationships means a Family based on different types of committed and continuing relationships other than marriage.
The second referendum proposes the 40th Amendment known as The Care Amendment. This will be on a Green Ballot. It proposes deleting the current Articles 41.2.1° and 41.2.2° and inserting a new Article 42B.
Article 41.2.1° says “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° says “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.”
In this amendment there is one vote for two proposed changes. The proposal involves deleting Article 41.2.1° and Article 41.2.2° and inserting a new Article 42B, that says “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.”
The referendums give us two main chances 1) to extend our constitution to recognise families outside of Marriage and 2) a chance to add care into our constitution and the many forms care can take, I believe that both are a step forward while I acknowledge that much work needs to be done particularly in ensuring that care is supported financially and by Law to allow each citizen the best possible opportunities in life and supports as needed. This is done through our legislators not a referendum.
I have read some arguments about some cultures with multiple marriages, throuples and polygamy etc these are not recognised under our laws and these amendments won’t change that. Any disputes over any issue would still be resolved through our court system as is normally the case. I’ve also heard women will be deleted from the constitution which is not true as women are referenced elsewhere in the Constitution, specifically in Article 45 where the phrase “men and women” is mentioned twice while Article 40.1 says All citizens shall be held equal before the law (of the Constitution). This means that the State cannot unjustly, unreasonably, or arbitrarily discriminate between citizens.
We showed a huge decency and compassion when we voted for Amendments such as the 36th amendment the Repeal of the 8th Amendment 2018 and the Same-sex marriage 34th amendment 2015.
It is important to note that you don’t have to vote yes or no to each referendum you can vote differently in each if you choose, the main thing I would encourage everyone to do is to exercise their democratic right. Our forefathers fought hard for our right to vote so we should make a point of voting.
