With March 8 quickly approaching, people across the country are being asked to have their say on two proposed amendments to Bunreacht na hÉireann.
The “family” amendment to Articles 41.1 and 41.3 proposes changes to the articles in how they associate the definition of “family” with respect to marriage. The “care” amendment to Article 41.2 proposes an update which uses less specific terms than the current version’s references to “woman” and “mother”.
However, the specific wording of the changes has divided opinion among the public and politicians alike, and has caused uncertainty for many. Many of the students that I spoke to were willing to be interviewed about the referenda, but were very uncertain of the details and the implications of the amendments.
The proposed changes have proved popular with some. Osgur Ó Murchú, a Leaving Certificate student from Spiddal, Co Galway, said that he believes “the referenda ensure, at least in small part, the liberty deserved by our people”.
“The constitution should reflect the people it governs, as such it must reflect the fact that families come in many different forms,” said Ó Murchú.
However, not everyone was in agreement. Oisín Ó Concheanainn, a first-year biotechnology student at University of Galway also hailing from Spiddal, Co Galway, said that “the wording of these two amendments, while noble in nature, could have unforeseen legal consequences.”
“The term ‘durable relationship’ is unpalatably vague and has implications in inheritance and family law, which may leave people open to losing property or possessions unjustly,” he explained.
Eve Lonergan, a second-year journalism student from Cork, criticised the care amendment. “Although the constitution should still recognise the importance of care and a carer, the rewrite is somewhat lazy and is not as progressive as they [Government] think it is”.
“I believe that it’s a good thing that they’re taking away the suggestion that a woman’s place is in the home, but it should have been done a long time ago, and it’s pretty reductive to ask us to thank them for it.”
“It’s a constitutional change, not a policy change, and there needs to be policy changes before constitutional changes,” Ms Lonergan concluded.
Many of the main political parties take a Yes Yes stance. The Green Party’s website states that they are in favour of the family amendment to “let children in all kinds of family know that they are cherished”, and support the care amendment as they believe it would “remove the sexist language about a woman’s duties in the home” and “place a stronger obligation on the State to support care within families”.
Fine Gael also support both amendments, with Senator Mary Seery Kearney stating that “these referendums clearly aim to refine, not erase, the representation of women within our legal framework, ensuring our Constitution reflects contemporary values without diminishing their rights as parents.”
However, Catherine Connolly, an Independent TD for Galway West and the Leas-Cheann Comhairle of Dáil Éireann, was heavily critical of the proposals, saying that “a fundamental mistake has been made”.
“There are two parts in Article 41.1 and 2 that the government are now taking out, without any discussion of the important concept that’s encapsulated there, that no mother should have to work outside of the home because of economic necessity. That has got no debate. I think that’s an excellent concept, albeit the language should change to encompass “parent” or “mother and father”.
“We’re taking out the word “mother”, we’re taking out the word “woman” completely. And we’re substituting it with an article that, I would say, is absolutely useless, even on a symbolic level.
“I think a fundamental mistake has been made. To be a parent, a mother or a father, is not the same as a carer. Caring is extremely important; the economy couldn’t function without carers. What they have done is mixed up two things, carers and parents. And while there is an overlap, they’re utterly separate.”
As the campaigning from both sides continues and the debate rages on, many people are still left uncertain of how they will vote on the day. Whatever the majority chooses, it has proven to be one of the most interesting referenda in recent years.
For more information, visit electoralcommission.ie.