March 8th: Everything you need to know about the upcoming referendum

March 8th, 2024 represents a historic day in Ireland

In a matter of weeks, voters will be asked to approve various amendments to Article 41 of the Constitution; the Family Amendment and the Care Amendment.

The Family Amendment Referendum

The family amendment referendum will ask voters if they agree with amending Article 41.1.1 and Article 41.3.1 of the Constitution to recognise the diversity of families in Ireland.

This includes married families, who will keep their recognition in the Constitution, and, with a Yes vote, the recognition of family will be extended to those who have been excluded until now.

This includes lone-parent families, cohabiting couples, unmarried parents, and families where other relatives are raising the children.

Article 41.1.1 presently states:

"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."

The proposed changes to 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."

Meanwhile, the referendum will also ask for voters to agree to changes in Article 41.3.1.

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.”

The proposed changes to Article 43.1.1:

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

What happens if it's a Yes vote?

In the event, of a Yes vote for the family amendment, the Constitution will be changed.

All families will be protected by the Constitution, whether they are based on marriage or founded on 'other durable relationships'.

'Based on marriage' will mean units based on people, regardless of gender.

'Other durable relationships' will refer to various types of family units that will have the same constitutional rights and protections.

The institution of marriage, however, will still be seen as something the State must guard 'against attack' with 'special care' and this part of the text will not be amended.

The Care Amendment Referendum

The Care Amendment will ask voters if they are in agreement with deleting existing parts from Article 41.2 of the Constitution and replace with Article 42B.

The proposed amendments will update the language used to describe women’s lives and duties within the home and will replace it with recognition of all women and men who provide care in the family.

Article 41.2 presently states:

1. 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.
2. 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.

The proposed Article 42B reads:

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

What happens if it's a Yes vote?

In the event of a Yes vote for the care amendment, the entirety of Article 41.2 will be erased and rewritten as Article 42B.

Article 42B will replace the old text with an image that recognises all women and men who provide care for family, acknowledge the importance to the common good of care provided by family members, and that the government will 'strive' to put in place real supports for all those who provide care and for disabled people to live independent lives.

What happens if it's a No Vote?

In the event of a No vote for the care amendment, the Articles voted on will remain unchanged.

Voter Checklist for the Upcoming Referendum

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