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A half-hearted attempt to revise the Irish constitution

A half-hearted attempt to revise the Irish constitution

Even if the government's intentions were good, these failed referendums prove how important it is to have clear, concrete messaging.

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Patrick O'Hearn
Apr 04, 2024
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Nuance Matters
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A half-hearted attempt to revise the Irish constitution
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Source: Twitter The results of the Care referendum, which was summarily rejected by the Irish people.

Last month, to modify Ireland’s 1937 constitution, the Irish government placed a pair of referendums to Irish voters.

The Family Amendment

The first, known as the Family Amendment, sought to amend articles 41.1.1. and 41.3.1 of the constitution.

The current wording:

Article 41.1.1 - “The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.”

Article 41.3.1 - “The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.”

The revised wording:

Article 41.1.1 - “The State recognises the Family, whether founded on marriage or on other durable relationships, as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.”

Article 41.3.1 - “The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.”

The Care Amendment

Article 41.2 of the Irish constitution (enacted in 1937) states:

2.1 In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.

2.2 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.

The Care Amendment would delete these two articles and insert the following new article:

“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.”

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