What exactly is a durable relationship?

Voters face two referendums today and here the Mail answers all your questions, including...

THE nation heads to the polls today to consider two proposed changes to our Constitution.

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

The referendums propose changing the wording of the Constitution in articles relating to 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.

Why are Irish voters being asked to vote?

The 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.

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

It is possible for neither change to be approved, for both to be passed, or for either one to be accepted and not 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 refers to families being founded on marriage.

The amendment would add wording that is 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 make to the common good.

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, while adding that the State ‘shall strive’ to support the provision of that care.

What are people saying?

The 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.

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 in the importance 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’, as well as on 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 special constitutional protection remains as is and is offered only to families based on marriage.

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 families 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’ – a relationship between three people.

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-immigrant groups have said redefining the rights for families could lead to higher immigration because of reunification of asylum seekers’ spouses and other relatives.

This has been dismissed as a ‘red herring’ by the 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 the care amendment is 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.

A No vote would keep the wording as it 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’.

What are campaigners concerned about?

The votes are taking place today, March 8, which is International Women’s Day. The amendment, if passed, would get rid of what is colloquially referred to as the ‘woman’s place in the home’ provision, which – while it’s 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 selection of International Women’s Day as the date for the vote has also been described as patronising.

Opponents say that passing the amendment would remove an important recognition of the contribution that women make to Irish society, and would delete any mention of their economic rights.

Elsewhere, the new wording on family care has been described by some campaigners as ageist, ableist paternalistic and irresponsible. Some disability campaigners have said it would perpetuate the notion of people with impairments being seen as burdens on their families rather than as holders of equal rights.

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

Who can vote?

All Irish citizens who are at least 18 years old are eligible if they have registered to vote in today’s referendums.

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

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

There is a yes or no voting option for each amendment.

The polls are open between 7am and 10pm today.

When will we know the result?

The results of the referendums, which are decided by majority vote, are expected tomorrow.

Counting of the ballots happens at a constituency level at various centres around the country. However, the overall national result will be declared at Dublin Castle.

Votes in the family referendum will be counted first and its result declared first.

The votes on the care amendment will not be processed until counting of votes in the family referendum has finished.