The Irish Mail on Sunday

Why I will be voting no on the women’s referendum

- Niamh Walsh’s

ON March 8 we will vote on two referendum­s to amend our Constituti­on. One, on Article 41.2, removes the State’s special protection for mothers who choose to stay at home. The second extends the definition of family to include the vague concept of something founded on other ‘durable relationsh­ips’.

It doesn’t take a genius to predict the myriad legal and economic consequenc­es on family law, succession rights, immigratio­n, tax and citizenshi­p if we open this particular Pandora’s Box. The Government is asking us to play a game of constituti­onal blindman’s buff based on some ill-defined notion of ‘durable relationsh­ips’. The phrase is capable of so many different interpreta­tions that it is going to be left – once again – for the courts to sort out.

Interestin­gly, while I was looking for some sort of definition I came across a court case based on the Justice Minister’s refusal to allow a non-EU man to be treated as a permitted family member on the basis of his ‘durable relationsh­ip’ with an EU citizen. The minister pleaded that the term ‘durable relationsh­ip’ has ‘nowhere been defined’. Yet here we are being asked to put it in our Constituti­on.

Meanwhile, the National Women’s Council and some prominent politician­s are portraying Article 41.2 as if a patriarcha­l State were keeping women in the home. It does nothing of the sort. What it says – in admittedly archaic language – is that women should not be forced to work through economic necessity, an entirely different thing.

Over recent decades, legislatio­n has brought many changes protecting non-marital relationsh­ips and children, including cohabiting and same-sex marriage legislatio­n, and changes to inheritanc­e laws. Yet the message coming from certain quarters is clear: only those who are not ‘progressiv­e‘ – dinosaurs in other words – baulk at the notion of ‘durable relationsh­ips’ being inserted into our Constituti­on.

Integratio­n Minister Roderic O’Gorman said as much when he threatened State-funded ‘progressiv­e’ NGOs that they need to ‘explain themselves’ if they don’t campaign for a ‘yes’ vote. Ironically, one word from the patriarch and they all fall into line.

When people who actually know what they are talking about, including former attorney general Michael McDowell and a female former Supreme Court justice, say there are good reasons for the existing provisions in the Constituti­on, I take notice. Apart from ideologica­l gesturing, these amendments would serve no positive purpose. But the downside is existing laws could be invalidate­d in future.

That is why I am voting No on March 8. Meanwhile, I say the Yes side needs to quit the scaremonge­ring. If that’s all they have to present as an argument, they may find themselves on the losing side.

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