Ireland

What you need to know as Ireland votes on changing Constitution

Ireland is engaged in a national debate on women’s place in the home, family care, and ‘durable relationships’.

a political campaign poster on a lamp post
Posters for Yes and No campaigns in Dublin for the upcoming constitutional referenda

Ireland heads to the polls tomorrow to consider two proposed changes to its Constitution.

The Constitution is the fundamental legal document for the country and can only be changed with the approval of Irish citizens through a national vote.

The referenda propose changing the wording of the Constitution relating to the areas of family and care.

It has led to national debates over the role of women in the home, what responsibility the State has for care, and the meaning of family.

Here, we explain some of the main issues to look out for.



Why are Irish voters being asked to vote?

The Irish Government wants to change the Constitution to allow for a wider concept of family and, in addition, to replace text that refers to the role of women in the home with wording that acknowledges the role of carers.

Polls open on Friday
Polls open on Friday (Brian Lawless/PA)

While considered somewhat related, the two changes are distinct from each other and there will be a separate vote on both matters.

It is possible for neither change to be approved, for both to be passed, or for either one to be accepted without the other.

What are the proposed changes?

In general, the two proposed changes are being referred to as the family amendment and the care amendment.

On the subject of family, the Constitution currently recognises the centrality of the family unit in society and references families being founded on marriage.

The amendment would add wording which is currently not in the Constitution to extend that recognition to families founded on “other durable relationships”.

It would also delete a separate existing reference to family being founded on marriage, while keeping the protections for marriage.

On the subject of care, the Constitution currently refers to the importance of the contribution that women within the home give to the common good in society.

It also says 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 Government’s proposal would delete these sections entirely and insert new wording which would instead recognise the contribution that care between family members gives to the common good in society, while adding that the State “shall strive” to support the provision of that care.

What are people saying?

The Irish Government is campaigning for a yes vote in both amendments.

It says the changes will remove sexist language, recognise family care, and extend protection to families not based on marriage.

The largest opposition parties along with several trade unions and civil society organisations have also called for a “yes yes” vote.

However, that support is occasionally cautious with spokespeople saying some of the wording is ill-defined or not progressive enough.

Irish premier Leo Varadkar has campaigned for yes votes
Irish premier Leo Varadkar has campaigned for yes votes (Cillian Sherlock/PA)

However, opinion is split. Other campaigners and action groups are advocating against the changes.

But opposition is not uniform and disparate groups are campaigning for either “yes no” or “no no” votes.

Opponents to the amendments have argued, variably, that the changes would remove recognition for women, lead to a reduction of marriage, shift the burden of care from the State to family members, and lead to increased immigration.

What constitutional impact will the vote on family have?

Fundamentally, a yes vote would mean that constitutional protections and recognition for families would be extended to ones based on “other durable relationships” rather than just marriage.

“Durable” is not defined in the proposed wording but it would include different types of committed and continuing relationships other than marriage.

A no vote means that special constitutional protection remains as is and therefore would only be given to families based on the marriage of two people.

What are the main debates on the family vote?

Supporters say the changes would provide protection to one-parent families as well as unmarried couples with children, who are currently not recognised by the Constitution.

The Government estimates a million people from such families, as well as situations where people are raising younger relatives, would benefit from the change.

The lack of a definition for “durable relationship” has been criticised by opponents – some of whom have questioned whether it would apply to “throuples”.

The Aontu party called for no votes
The Aontu party called for no votes (Cate McCurry/PA)

However, the term is not new and has appeared in the EU Citizens’ Rights Directive. Ireland also already has existing legislation on cohabiting couples.

Elsewhere, the body for Irish Catholic Bishops has argued that passing the amendment would disincentivise marriage.

Anti-migrant groups have said the proposed changes redefining the rights for family could lead to higher immigration due to increased reunification of asylum seekers’ spouses and relatives.

This has been dismissed as a “red herring” by Government as immigration law already provides for reunification and State law allows for circumstances where non-national spouses of Irish citizens could be deported.

What constitutional impact will the vote on care have?

If passed, the Constitution would be changed to recognise the importance to the common good of the care provided by family members to each other.

Secondly, it would provide that the State would “strive to support” the provision of such care within families.

It would delete the references to women’s work in the home.

On the other hand, a no vote would keep the wording as is – requiring the State to endeavour to ensure that mothers should not have to go out to work to the neglect of their duties in the home.

Dr Margaret Kennedy campaigned with Member of the Equality Not Care
Dr Margaret Kennedy campaigned with Member of the Equality Not Care (Brian Lawless/PA)

What are campaigners concerned about?

The votes take place on March 8 – International Women’s Day.

The amendment would get rid of what is colloquially referred to as the “a woman’s place is in the home” provision, which – while not the actual wording – has been described as outdated.

While supporters of the amendment say it would remove anachronistic and misogynistic language on women’s work in the home, the date selection has also been considered patronising.

Opponents say that passing the change would remove important recognition of the contribution women play in Irish society, and delete any mention of their economic rights.

Elsewhere, the new wording on family care has been described by some campaigners as paternalistic, ageist, ableist and irresponsible.

Some disability campaigners have said it would perpetuate the notion of people with impairments being burdens on families rather than equal rightsholders.

Those opponents want constitutional obligations on the State provide support services which would enable everyone to participate in economic, social and cultural life.

Voting will close at 10pm on Friday
Voting will close at 10pm on Friday (Brian Lawless/PA)

Who can vote?

All Irish citizens that are at least 18 years old are eligible if they have registered to vote.

Registered voters are given polling information cards directing them to their nearest polling station.

The family amendment will be on a white-coloured ballot paper while the care amendment will be on a green-coloured ballot paper.

There is a yes-no vote for each amendment.

The polls are open between 7am and 10pm on Friday.

When will we know the result?

The result of the referenda, which are decided by majority, are expected on Saturday.

Counting of the ballots happens at a constituency basis at various centres around the country.

However, the overall national result will be declared at Dublin Castle.

The family amendment will be counted and declared first.

The results for the care amendment will not be processed until the family count is finished.