What am I being asked on Referendum Day?
EXPLAINER from the referendum commission
Irish citizens will be asked to vote in two referendums to change our Constitution tomorrow (Friday), March 8.
The Constitution can be changed only by a vote of citizens in a Referendum. Our laws are made by the Oireachtas, which is made up of the Dáil, the Seanad and the President.
All laws must comply with the Constitution, which is the basic law of the State and the primary source of rights.
You have two separate votes on whether you wish to make the proposed changes to the current text of Article 41 of the Constitution. Both votes ask for your consideration of complex areas of fundamental rights. The first Referendum concerns the concept of Family in the Constitution. The second Referendum proposes to delete an existing part of the Constitution and insert new text providing recognition for care provided by family members to each other.
The Family Amendment
The 39th Amendment to the Constitution will be on a white coloured ballot paper. It deals with Article 41.1.1 and Article 41.3.1 of the Constitution, both of which relate to the Family.
In Article 41.1.1: ‘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.’
In Article 41.3.1: “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 Constitution currently recognises the centrality of the family unit in society and protects the Family founded on marriage.
What’s being proposed?
The Proposal involves the insertion of additional text to Article 41.1.1 and the deletion of text in Article 41.3.1°.
These proposed changes are shown below:
Proposed to change Article 41.1.1° text in bold:
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.”
Proposed to change Article 41.3.1° by deleting text shown in italics:
“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.”
Legal effect of a ‘yes’ vote
The constitutional protection of the Family would be given to both the Family based on marriage and the Family founded on “other durable relationships”.
Other durable relationships refer to different types of committed and continuing relationships other than marriage.
So, different types of family units would have the same constitutional rights and protections.
The institution of Marriage will continue to be recognised as an institution that the State must guard with special care and protect against attack.
The Care Amendment
The 40th Amendment to the Constitution will be on a green coloured ballot paper. It proposes deleting the current Articles 41.2.1° and 41.2.2° and inserting a new Article 42B.
Article 41.2.1 states: “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.”
Article 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.”
What's being proposed?
In this amendment there is one vote for two proposed changes. The proposal involves deleting Article 41.2.1° and Article 41.2.2° in their entirety and inserting a new Article 42B, as shown below:
“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.”
Legal effect of a 'yes' vote
The new 42B would, firstly, 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.
* Your vote is your voice. Inform yourself from reliable sources; make up your own mind; and then please vote on March 8. Check the register to ensure you are eligible to vote and for more information, log on to: www.electoralcommission.ie
READ MORE
Minister Heather Humphreys: Vote Yes
A chance to vote for a caring and changing Ireland
Cllr Sarah O’Reilly: Vote No
Inclusivity should not mean deletion it should mean addition