With a little over three weeks until the ‘Family’ and ‘Care’ referendums, Irish people are being encouraged to register to vote and to inform themselves about the constitutional amendments being proposed.

On March 8, 2024, Irish citizens are being asked to decide on the 39th and 40th Amendments, which will impact the wording of Article 41.1, relating to the family, and Article 41.2, concerning the duty of care in Irish society, also referred to as the ‘Women in the Home’ Article.

These will be the first referendums held in Ireland in nearly five years. The last was the 2019 referendum to amend the period of separation before a court may grant a divorce, which saw a staggering 82% majority voting in favour of the amendment.

Whilst polls have predicted a favourable outcome in both upcoming referendums – with 52% of Irish respondents committing to a yes vote on both counts and a further 23% registering as undecided – the turnout on March 8 is predicted to be low. 

The Irish Times/IPSOS B&A poll also revealed that the majority of voters know little about the referendums, with 53% saying they know “hardly anything at all, ” 36% saying they know “a little,” and just 8% saying they know “a lot”.

To date, many leading advocacy groups, including the National Women’s Council, Treoir, the Irish Women Lawyers Association, and all major political parties, have called for a yes vote in both referendums. The only political party advocating for a no vote is  Aontú, an anti-abortion nationalist party.

FLAC (Free Legal Aids Centres) and the Irish Council for Civil Liberties have voiced the main legal concern so far, calling for greater clarity on the term “durable relationships”, specifically relating to the first referendum, which has led to much speculation and misinformation.

This referendum would see Article 41.1.1 and Article 41.3.1 of the 39th Amendment. The former currently 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.” 

If approved, the referendum would see this Article updated to expand the definition of family, including the words “whether founded on marriage or on other durable relationships”.

Much disinformation has spread about whether this would impact migration or legalise polygamous relationships.

The question of migration was addressed last December during a high-level meeting of senior officials. A memo of the meeting reported that it “does not necessarily mean that there would be an equivalent increase in the number of persons to whom the minister must grant permission to enter or reside in the State or refrain from deporting.”

It added: “The State can continue to define ‘family’ for immigration purposes, but there would likely need to be an additional layer of consideration of Article 41 constitutional family right in immigration decision making.”

The issue of polygamy was addressed during a Dáil debate when the Minister for Children, Equality, Disability, Integration and Youth of Ireland, Roderic O’Gorman, was questioned about what constitutes a “durable relationship” and if polygamy falls under the umbrella.

“Polygamous relationships have never been recognised under Irish law,” he clarified. “A polygamous relationship is not one that represents a fundamental unit of society and is not one that represents a moral institution in Irish law. It is not one that represents as durable.”

He continued, “The very clear policy intention of the Government is that whether it is a polygamous relationship, I have heard the word ‘throuples’ thrown around…That issue has come up in some of the debate so we’re very clear such a relationship is not covered with the concept of durability and it is not covered in the expanded concept of the family that we are seeking to protect.” 

Concerns have also been raised as to whether the removal of Articles 41.2.1 and 41.2.2 in favour of a new Article 42B, “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,” would lead to the abolishment of child-benefits.

On the contrary, the Electoral Commission states that the insertion of Article 42B would “firstly, recognise the importance to the common good of the care provided by family members to each other,” and “Secondly, it would provide that the State would ‘strive to support’ the provision of such care within families.”

The closing date to register to vote in the upcoming referendums is February 20, 2024. To check if you are eligible to vote or to register go to CheckTheRegister.ie.
To get the facts on the March 8 referendums, go to the Electoral Commission website.