As of this morning at 7am, thousands of polling stations opened across Ireland as voting began in the two referendums on proposed changes to the constitutional definitions of family and care. The polling stations are to remain open until 10pm today, March 8.

People are being called to vote on two separate referendums to amend Ireland’s Constitution. The ‘Family’ referendum proposes changes to article 41.1, which will expand the definition of family as founded not only on marriage but also on “other durable relationships”.

As for the ‘Care’ referendum, it proposes to delete article 41.2, which proclaims that the State shall “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.” This article would be replaced with Article 42B, which 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.”

Around 3.5 million people are eligible to vote in today’s referendums. Those attending polling stations across Ireland will be given two separate ballot papers, corresponding to each of the referendums on which they are voting. The white ballot paper will allow people to vote on the family referendum, while the green paper is dedicated to the care referendum.

Voters should have received a polling information card at their address by now, which includes an elector number and the name of their local polling station. When going to vote, people should bring their polling card and a form of identification. In case someone does not have a polling card yet, they can still vote but must bring valid ID.

In the lead-up to voting day, there has been extensive debate on the two referendums in Ireland, especially online. It has been observed that groups who pushed for No votes in past referendums in 2018 and 2015 are campaigning for a NO NO vote in today’s referendums. These groups are now joined by the far-right in calling for the same.

At the other end, groups like the National Women’s Council of Ireland (NWCI) have launched a YES YES campaign, urging people to vote to remove outdated and sexist language from the Irish Constitution.

 

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However, several disability and carers groups have raised serious concerns about the negative consequences that a Yes vote in the care referendum could have. Many voiced opposition to a Yes vote on the basis that the proposed wording does not adequately hold the State accountable for the provision of care and only limits options to provide and receive care to the family.

A recent article published by Ditch appeared to contain the leaked advice that Attorney General Rossa Fanning sent to Minister Roderic O’Gorman regarding the referendums. The advice stated that there seems to be a “lack of guidance from the courts” on how the word “strive” will be interpreted.

“Although the term is used in Article 45.1 of the Constitution in relation to the promotion of the welfare of the people as a whole, this forms part of the Directive Principles of Social Policy, which are expressly stated to be non-justiciable,” Fanning says.

“There is therefore uncertainty as to the likely meaning and effect of an obligation to ‘strive’ to support the provision of care in a new Article 42B and whether, in its interpretation by the courts, it would be regarded as imposing a more onerous obligation than an obligation to ‘endeavour’.”

The Attorney General also added that, however, “there can be little doubt that the obligation on the state to ‘strive’ to support the provision of care will have real effects which will be enforced by the courts, and that it will be relied upon in a very wide range of contexts in support of claims that the constitution requires the state to provide, and/or support the provision of care”.

Counting will begin at 9am tomorrow, and results will be announced in two separate declarations, expected in the afternoon or evening.