Why I’m voting yes: It’s long-overdue recognition for tens of thousands of ‘other’ family units
Married couples have nothing to fear by updating our antiquated Constitution
Voting yes to those amendments to Article 41 would firstly mean that constitutional protection and recognition would be given to other family units, to include co-habitants with or without children, same-sex couples and single parents, rather than to families based on marriage alone.
The amended Article 41.1.3 would remain and the institution of marriage would still have to be guarded with special care.
The Constitution reflects our beliefs as a nation and our core values as a society.
In its present form, it is antiquated and does not reflect the reality of life in Ireland today, where there are 150,000 cohabiting couples, 75,000 of whom have children. 40pc of births are outside marriage and 40pc of families are not marital, with 18pc of families being one-parent families.
These families are not treated in the same way as families founded on marriage. Giving them constitutional recognition would pave the way for changes in the law in other areas.
Cohabitants, unlike spouses, have no succession rights either under a will or if their partner dies intestate without making a will.
Spouses from marital families enjoy protection under the Succession Act and significant exemptions from inheritance taxes that cohabitants are not entitled to.
While an amendment to the constitution will not solve all these issues, it would go along way to prioritising equality and open the door to other changes that promote equality among different family units.
One of the supporters of a yes vote is John O’Meara, a lone parent who recently won a Supreme Court case for cohabiting couples with children to be entitled to the Widow/Widower’s Pension. If he and his partner of 20 years had been married, he would have been automatically entitled to the widower’s pension.
Mr O’Meara, an agricultural contractor, had planned to marry his partner Michelle Batey, but she slipped into a coma and died in January 2021. Speaking after the case, he said he felt his family was being treated differently and something needed to be done.
The decision, he said, meant the family he had for the last 20 years had been treated with respect.
Speaking during that case, Mr Justice O’Donnell said he did not find the exclusive concept of family in Article 41 “either attractive or admirable or well suited to a contemporary society”. However, he said that was what the people chose in 1937.
Opportunity
We have the opportunity on March 8 to alter that. If we vote to amend Article 41, the protection and recognition in the Constitution of the family founded on marriage remains.
Married couples have nothing to lose by voting yes, but co-habitants, single parents, lone parents and other blended families will gain well deserved recognition.
The second referendum — the care referendum — proposes to delete the reference to the role and duties of women in the home and pledges to support and recognise all family members providing care, not just women.
Society was very different in 1937, when the Constitution was ratified. Men were the breadwinners and women did not generally work outside of the home. The few women who did go out to work were often criticised for taking a man’s job.
The proposed change reflects modern society and the progress that has been made in education and equality for women, and also the importance of men’s involvement in parenting and the sharing of the household chores.
Sharing of responsibility for parenting and housework is now the norm and not the exception. The contribution of men to the home and care of the family will be recognised if the vote for change is carried, and it will pave the way for women to be given greater choices in areas such as affordable childcare and pensions.
The proposed change does not mean that women who work in the home aren’t recognised but rather that all people who work in the home are entitled to recognition.
The proposed change has been endorsed by organisations who support carers. They point out that if amended the Constitution will identify and recognise the valuable contribution that carers make to society.
Yes, there will be some challenges, such as in identifying the exact definition of a ‘durable relationship’, but people have recourse to the courts to determine such matters.
Overall, the proposed amendments reflect the Ireland of today a modern, diverse society, not the Ireland of 1937. Ireland has come a long way since then.
It is my birthday on March 8. I was born into a very different Ireland than the inclusive, progressive society we have today.
March 8 is also International Women’s day and hopefully the day when a vote to amend the Constitution to reflect the changed roles of both women and men will be carried.