Next month, two referendums will give people in Ireland the opportunity to vote to potentially change the constitution.
The first referendum will ask people to vote on the family amendment.
Currently, the Constitution sets out in Article 41.1.1 that “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”.
It is proposed in the referendum that this would be changed to “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”.
Also in the Constitution currently, Article 41.3.1 sets out that “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 Constitution also “recognises the centrality of the family unit in society and protects the family founded on marriage”.
It is proposed in the referendum that certain text would be deleted from Article 41.3.1 and it would then be: “The state pledges itself to guard with special care the institution of marriage and to protect it against attack.”
If there is a majority ‘yes’ vote in relation to the family amendment, the constitutional protection of the family would be given to both the family based on marriage, and the family founded on “other durable relationships”.
According to the referendum information booklet, which is available on the Electoral Commission’s website, the legal effect of a yes vote will then mean:
“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.”
According to the information booklet, this means that 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,” it outlined.
If there is a ‘no’ vote, then the present Articles 41.1.1 and 41.3.1 would remain unchanged.
ICMSA
But the Irish Creamery Milk Suppliers’ Association (ICMSA) has said that farmers have raised questions about what constitutes “durable relationships”.
It said it has been contacted by farmers in relation to the referendum who have expressed “serious misgivings about the government’s inability or unwillingness to present voters with a practical definition of a durable relationship”.
The ICMSA said that it is “unfair and unreasonable of the government to ask the electorate to vote blind and while a key definition was lacking”.
ICMSA president Denis Drennan said that a clear statement is required from government “on the definition of a durable relationship”.
Referendums
The second referendum will ask people to vote on the care referendum.
The amendment proposes deleting the current Articles 41.2.1 and 41.2.2 from the Constitution and inserting a new Article 42B.
Currently in the Constitution, Article 41.2.1 outlines that: “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.”
In Article 41.2.2 it details that: “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.”
According to the referendum information booklet, Article 41.2.2, “refers to the importance to the common good of the life of women within the home and that the state should endeavour to ensure that mothers should not have to go out to work to the neglect of their duties in the home”.
The proposal set out in the second referendum involves deleting Article 41.2.1 and Article 41.2.2 and inserting a new Article 42B.
The new new Article 42B sets out that: “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.”
Care amendment
If a majority of people vote yes in the care amendment referendum, then Articles 41.2.1 and 41.2.2 will be deleted, and a new Article 42B will be inserted into the Constitution.
According to the referendum information booklet the new Article 42B would “recognise the importance to the common good of the care provided by family members to each other”.
It would also “provide that the State would strive to support the provision of such care within families”.
If a majority of people vote no in the care amendment referendum, then the current Articles 41.2.1 and 41.2.2 of the Constitution will remain unchanged.