Jurist Ireland voters reject constitutional amendments aimed at changing the definition of family and women’s roles

[Dadparvar]

Irish voters decisively rejected on Saturday two constitutional amendments that would have significantly altered the definition of family and gender roles within the home.

In accordance with Article 46 of the Constitution, the Irish government submitted two amendments by referendum: the 39th Amendment of the Constitution (The Family) Bill 2023, aimed to protect families formed upon “durable relationships” other than marriage, and the 40th Amendment of the Constitution (Care) Bill 2023, recognizing that the provision of care could come from any member of the family, and not just the mother. The latter amendment also proposed to repeal Article 41(2) of the Constitution, which provides that women must not neglect their “duties in the home.”

Some criticized the proposed amendments for not going far enough to protect women and non-traditional family units. The term “durable relationships” was inconsistent with the recommendations from the Irish Parliament’s Joint Committee on Gender Equality, which suggested a more expansive definition of “family.” The Citizens’ Assembly called for stronger language that obliges the government to protect women’s rights.

Laura Cahillane, an associate professor at the University of Limerick School of Law, said:

Opposition parties and many others were warning that this wording was a little bit confusing to people. But there seemed to be little interest in the government to listening to concerns on the wording, and maybe a little arrogance in believing that voters would get carried away on a wave of feminism on International Women’s Day.

“We struggled to convince people of the necessity of the referendum at all, let alone the detailed wording,” said Prime Minister Leo Varadkar, promising to reflect on the government’s “comprehensive defeat.”

The 39th and 40th amendments were rejected by 67.7 percent and 73.9 percent of voters, respectively.

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