Ireland heads to the polls for constitutional referendums on family and care

Ireland will vote on two constitutional referendums - one on family and one on care - on Friday, March 8.

Voters are being asked to vote 'yes' (change the Constitution) or 'no' (keep the Constitution as is) in each of the two referendums.

The Family Amendment

Article 41.1.1° of the Irish Constitution currently reads: "The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing in‐ alienable and imprescriptible rights, an‐ tecedent and superior to all positive law."

Article 41.3.1° reads: "The State pledges itself to guard with special care the in‐ stitution of Marriage, on which the Family is founded, and to protect it against attack."

Voters are being asked to accept or re‐ ject adding "whether founded on mar‐ riage or on other durable relationships," after the word Family in 41.1.1°, and re‐ moving "on which the Family is founded," after the word Marriage in Article 41.3.1°.

The Care Amendment

Article 41.2.1° of the Irish Constitution currently reads: "In particular, the State recognises that by her life within the home, woman gives to the State a sup‐ port without which the common good cannot be achieved."

Article 41.2.2° reads: "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."

Voters are being asked to accept or re‐ ject deleting Articles 41.2.1° and 41.2.2° and replace them with a new Article 42B which reads: "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.”

Ireland’s Department of Children, Equal‐ ity, Disability, Integration and Youth published the draft text of both of the proposed amendments on December 5, the same day Taoiseach Leo Varadkar announced that both referendums would be held on March 8.

RTÉ reported on Thursday that all of Ire‐ land's political parties except Aontú are advocating for two 'yes' votes, though there are concerns about voter turnout. A radio and television broadcast mora‐ torium came into place in Ireland at 2 pm on Thursday regarding Friday's ref‐ erendums and will remain in place until polling stations are closed.

On Thursday, just before the broadcast moratorium came into effect, Irish outlet The Ditch reported on an unpublished letter that Ireland’s Attorney General Rossa Fanning had written to Minister for Children Roderic O’Gorman in De‐ cember regarding the referendums.

In his letter, written three days after the Government published the General Scheme of the Amendment of the Con‐ stitution Bill 2023, Fanning sought to reiterate “the firm and consistent advice which has been provided by my Office that the [sic] it is of the utmost impor‐ tance that the policy intention behind the Bills and the proposed amendments is clearly and consistently articulated.” The Ditch went on to publish Fanning's letter in full on Thursday.

On Friday, polls will be open across Ire‐ land from 7 am until 10 pm. You can learn more about how to vote in the ref‐ erendums here from An Coimisiún Toghcháin, Ireland’s independent elec‐toral commission.

Vote counting is set to begin at 9 am on Saturday, March 9, with results ex‐ pected later that day, though they could run into Sunday, March 10.