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2024 Irish constitutional referendums

From Wikipedia, the free encyclopedia
Referendums on the family and care

Thirty-ninth Amendment of the Constitution of Ireland

8 March 2024 (2024-03-08)
(The Family) Bill 2023
Results
Choice
Votes%
Yes487,56432.31%
No1,021,54667.69%
Valid votes1,509,11098.94%
Invalid or blank votes16,1051.06%
Total votes1,525,215100.00%
Registered voters/turnout3,438,54844.36%

Fortieth Amendment of the Constitution of Ireland

8 March 2024 (2024-03-08)
(Care) Bill 2023
Results
Choice
Votes%
Yes393,05326.07%
No1,114,62073.93%
Valid votes1,507,67398.85%
Invalid or blank votes17,5481.15%
Total votes1,525,221100.00%
Registered voters/turnout3,438,56644.36%

Thegovernment of Ireland held tworeferendums on 8 March 2024 on proposedamendments to the Constitution of Ireland. The Thirty-ninth Amendment of the Constitution (The Family) Bill 2023 proposed to expand the constitutional definition of family to include durable relationships outside marriage. The Fortieth Amendment of the Constitution (Care) Bill 2023 proposed to replace a reference to women's "life within the home" and a constitutional obligation to "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" with a gender-neutral article on supporting care within the family.

Of the parties represented in theDáil, the governing coalition partnersFianna Fáil,Fine Gael, and theGreen Party called for Yes votes in both referendums, as did opposition partiesSinn Féin, theLabour Party, theSocial Democrats, andPeople Before Profit–Solidarity. Opposition partiesAontú andIndependent Ireland called for No votes in both. Civil society groups including theNational Women's Council of Ireland, Treoir,Family Carers Ireland, One Family, and theUnion of Students in Ireland advocated Yes votes in both referendums, as didMary McAleese, a formerpresident of Ireland. Groups including theIona Institute,Family Solidarity, and Lawyers for No—anad hoc group of barristers led by SenatorMichael McDowell—campaigned for No votes in both. Opinion polls taken between early February and early March suggested a significant lead for the Yes campaign in both referendums.

Turnout nationwide was 44.36 percent of registered voters.[1] Contradicting the opinion polls, voters comprehensively rejected both bills, with 67.69 percent voting No to the proposed Thirty-ninth Amendment on the Family and 73.93 percent voting No to the proposed Fortieth Amendment on Care.[1][2][3] These were the highest and third-highest percentage votes for No in the history of Irish constitutional referendums.[4] Of the 39 constituencies, onlyDún Laoghaire supported the proposed Thirty-ninth Amendment, and none supported the proposed Fortieth.[5] TheDonegal constituency registered the highest percentage votes for No in both referendums, at 80.21 and 83.97 percent respectively.[6]

Background

[edit]

TheConstitution of Ireland came into force on 29 December 1937, following astatewide plebiscite held on 1 July 1937. An amendment to theConstitution of Ireland must be proposed as a bill initiated inDáil Éireann and be passed, or deemed to have been passed, in both the Dáil andSeanad Éireann. The bill must then be submitted to areferendum in which all Irish citizens on the electoral register are eligible to vote.[7]

In July 2018,Minister for Justice and EqualityCharlie Flanagan announced the intention of the government to hold a referendum deleting Article 41.2 from the Constitution.[8] This was to be held on the same day as the2018 presidential election and a referendum toremove the offence of blasphemy. However, a decision of the Joint Oireachtas Committee on Justice and Equality to schedule pre-legislative hearings meant there was insufficient time to prepare a bill for the proposed October 2018 date.[9]

In July 2019, the Oireachtas established aCitizens' Assembly on gender equality. It delivered a report in June 2021.[10] An Oireachtas Committee on Gender Equality was established in December 2021 to consider the report of the assembly.[11] It delivered a report in December 2022, in which it proposed changes to the constitution, including to Article 40.1 on equality and Article 41 on the Family.[12][13]

On 8 March 2023,TaoiseachLeo Varadkar markedInternational Women's Day by announcing the government's intention to hold areferendum in November 2023 to enshrine gender equality in the Constitution by amending Articles 40 and 41.[14][15]

Proposals for constitutional amendments were due to be published by the end of June with a referendum to follow in November.[14] In August 2023, official and political sources toldThe Irish Times that the referendum was unlikely to take place in November, as planned. Scrutiny of the term "family" by senior officials drafting the text of the amendment had raised thorny questions about its definition and about related gender issues, provoking official caution likely to create delay.[16] The following week, in September, Taoiseach Varadkar announced that the government had decided to hold two referendums on the issue, in the "lifetime of the Government". He said the wordings of the amendments had not yet been finalised.[17]

On 5 December 2023, Varadkar and theTánaiste,Micheál Martin, confirmed the topics of the two referendums proposed to be held on 8 March 2024.[18][19][20][21] Gender equality was not included in the proposals, to avoid the placing of gender discrimination above other types of discrimination.[22]

Wording

[edit]

The bills were presented to the Dáil byRoderic O'Gorman, theMinister for Children, Equality, Disability, Integration and Youth, on 8 December 2023.[23][24] Both bills were passed by the Dáil on 17 January 2024.[25][26][27] They were passed by the Seanad on 23 January.[28][29]

The Family

[edit]

The Thirty-Ninth Amendment of the Constitution (The Family) Bill 2023 (bill no. 91 of 2023) proposed to amend Article 41.1.1° to insert the words "whether founded on marriage or on other durable relationships". It also proposed the deletion of the words "on which the Family is founded" from Article 41.3.1°.[30]

SubsectionCurrent textProposed text
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.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.
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 State pledges itself to guard with special care the institution of Marriage and to protect it against attack.

Care

[edit]

The Fortieth Amendment of the Constitution (Care) Bill 2023 (bill no. 92 of 2023) proposed to delete Article 41.2 from the Constitution and to insert a new Article 42B. It would also renumber Articles 41.3 and 41.4 as 41.2 and 41.3 respectively.[31][32]

Article 41.2 proposed to be deletedArticle 42B proposed to be inserted
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° 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 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.

Campaign

[edit]

On 24 January, theMinister for Housing, Local Government and HeritageDarragh O'Brien signed an order setting the polling day for both referendums as 8 March, to take place between the hours of 7 a.m. and 10 p.m.[33]

On 25 January, theElectoral Commission launched an information campaign to explain the proposed amendments and promote participation.[34] This was the first time it performed the function, which was previously the responsibility of aReferendum Commission established for each referendum.[35]

TheDepartment of Housing, Local Government and Heritage estimated the cost of the campaign as between €16 million to €17 million.[36]

Political parties

[edit]

Both amendments were supported by the government parties ofFianna Fáil (withThomas Byrne as director of elections),Fine Gael (withHeather Humphreys as director of elections), and theGreen Party (withPauline O'Reilly as director of elections).[37] Among the opposition parties, they were supported by theLabour Party, theSocial Democrats andPeople Before Profit.[38][39]Sinn Féin was due to decide on the issue at a meeting of theirArd Comhairle on 3 February 2024 and eventually decided on 12 February to support both referendums "despite considerable disappointment with how the government has handled the upcoming proposals for constitutional change".[40][41] On 20 February 2024Mary Lou McDonald said that Sinn Féin would re-run the Care referendum, with a revised wording, if it is rejected and if Sinn Féin were in government.[42]

Two parties represented in the Dáil,Aontú andIndependent Ireland, opposed both amendments.[43][44] SenatorSharon Keogan erected posters advocating a No vote in both referendums, using money raised from aGoFundMe page. One of the posters which read "Don't force mothers out to work...Vote No." was described by the Electoral Commission as "an incorrect representation" of the question people are being asked to vote on.[45] SenatorRónán Mullen and party leader of theHuman Dignity Alliance also called for No vote on both amendments.[46]

On 4 March 2024,An Rabharta Glas supported a Yes vote for the Family amendment and a No vote for the Care amendment, describing the latter as a "cynical window-dressing exercise which actually abdicates state responsibility for care and erodes the status of people with disabilities and carers".[47] TheCommunist Party of Ireland also supported a Yes vote for the Family amendment and a No vote for the Care amendment.[48] TheIrish Freedom Party, theNational Party,Ireland First, theCentre Party of Ireland, theFarmers' Alliance,The Irish People andLiberty Republic opposed both amendments.[49][50][51][52][53][54][55] It was reported that theChristian Solidarity Party also opposed both; however this party is not on the Register of Political Parties anymore.[49][56]

The Electoral Commission granted Fine Gael, Fianna Fáil, Sinn Féin, the Green Party and Ireland First status as approved bodies for the referendum campaign.[57][58]

Civil society groups

[edit]

The amendments were supported by civil society groups including theNational Women's Council of Ireland, Treoir,Family Carers Ireland, One Family,Union of Students in Ireland, and Spark.[59][60][61][62][63]Mary McAleese, a formerpresident of Ireland, andSinéad Gibney, who had resigned the previous day as the chief commissioner of theIrish Human Rights and Equality Commission, addressed an event hosted by Treoir and One Family to call for Yes votes in both referendums.[64][65][66] TheLaw Society of Ireland supported a Yes vote in both referendums.[67] This caused disagreement among some solicitors.[68]

Both amendments were opposed by theIona Institute,Family Solidarity, and the Irish Women's Lobby.[69] Lawyers for No, anad hoc group includingMichael McDowell,Michael McNamara,Brenda Power andMaria Steen, stated their opposition on 29 February.[70] McDowell argued that a person could seek to resist deportation on the grounds of a durable relationship if the Family amendment was approved.[71] The Lawyers for No group also claimed that extending the constitutional definition of family to include durable relationships would have "long-term consequences for family law, family property rights, succession law, pension law, tax law, welfare law, and migration and residence law."[72] A march held in Dublin on 3 February 2024 calling for a No vote in both referendums was attended by around 100 people including SenatorSharon Keogan.[73]

TheFree Legal Advice Centres (FLAC) supported the Family amendment but did not support the Care amendment, which they described as "implicitly sexist" and "ineffective".[74][75] Both Independent Living Movement Ireland and theIrish Council for Civil Liberties criticised the wording of the Care amendment but neither organisation campaigned against it.[76] A group of disability campaigners, Equality Not Care, called for a No vote on the care referendum.[77]Trinity College Dublin Students' Union endorsed a Yes vote in the Family referendum and a No vote in the Care referendum.[78]

Religious groups

[edit]

TheCatholic Bishops' Conference said it would not be issuing any public comment until their Spring General Meeting which takes place in the days running up to the vote, however a statement was read out at mass on 25 February 2024 calling for a No vote in both referendums, arguing that Yes votes would weaken the incentive to marry and remove motherhood from the Constitution.[79]Denis Nulty,Bishop of Kildare and Leighlin had expressed concerns about the changes. TheCatholic Archbishop of Dublin,Dermot Farrell said that "there will continue to be a moral obligation on governments and public policy to protect the institution of marriage and support vulnerable people and their families regardless of the outcome" and urged people to take part in the democratic process.[80]

ThePresbyterian Church in Ireland released a statement that said "The ambiguity and lack of clarity contained within some of the amendments will mean that it is unlikely to introduce meaningful change, which could have been of benefit to society as a whole. The proposed amendment, which seeks to remove the link between marriage and family, is also disappointing, but is an indication of Ireland’s changing culture."[81]

Imam Hussein Halawa of theIslamic Cultural Centre of Ireland stated he did not believe there is a need to amend the Constitution but stopped short of calling for a vote either way. Rabbi Yoni Wieder of theDublin Hebrew Congregation stated that they would not be taking any stance on the referendum.Michael Jackson,Archbishop of Dublin in theChurch of Ireland, declined to make a statement citing the level of debate around the term "durable".[82]

Attorney General advice leak

[edit]

The day before the referendum,The Ditch, an online news site, published an article containing leaked advice fromAttorney GeneralRossa Fanning to Roderic O'Gorman on the proposed Care amendment. The advice stated that there was a "lack of guidance from the courts" on how the word "strive" would be interpreted. Both No campaigners and Yes campaigners argued that the advice supported their position.[83][84]

Opinion polling

[edit]

The Family

[edit]
Dates
conducted
Polling firm / CommissionerSample sizeYesNoUndecidedWould not voteLeadSources
1–2 March 2024Ireland Thinks/Sunday Independent1,08342%23%35%19%[85][86]
16–21 February 2024Red-C/The Business Post1,00952%22%20%5%30%[87][88]
2–6 February 2024Ipsos B&A/The Irish Times1,20053%15%27%5%38%[89]
1–2 February 2024Ireland Thinks/Sunday Independent1,39447%29%24%18%[90]

Care

[edit]
Dates
conducted
Polling firm / CommissionerSample sizeYesNoUndecidedWould not voteLeadSources
1–2 March 2024Ireland Thinks/Sunday Independent1,08339%24%36%15%[85][86]
16–21 February 2024Red-C/The Business Post1,00956%20%19%5%36%[87][88]
2–6 February 2024Ipsos B&A/The Irish Times1,20060%12%23%5%48%[89]
1–2 February 2024Ireland Thinks/Sunday Independent1,39449%27%24%22%[90]

Voting and counting

[edit]

Voting took place from 7:00 a.m. to 10:00 p.m. on 8 March.[91] Counting began at 9:00 a.m. on 9 March.[92][93][94] The official results were announced separately atDublin Castle on the evening of 9 March. The result of the Thirty-ninth Amendment referendum on Family was announced shortly before 7:00 p.m. and that of the Fortieth Amendment referendum on Care was announced shortly after 9:00 p.m.[95][96]

Results

[edit]

Thirty-ninth Amendment

[edit]
Thirty-ninth Amendment of the Constitution (The Family) Bill 2023[97]
ChoiceVotes%
Referendum failedNo1,021,54667.69
Yes487,56432.31
Valid votes1,509,11098.94
Invalid or blank votes16,1051.06
Total votes1,525,215100.00
Registered voters/turnout3,438,56644.36
Thirty-ninth Amendment referendum result (excluding invalid votes)
No:
1,021,546 (67.69%)
Yes:
487,564 (32.31%)
Thirty-ninth Amendment (The Family) – Results by constituency[97]
ConstituencyElectorateTurnout (%)VotesProportion of votes
YesNoYesNo
Carlow–Kilkenny117,52842.7%14,51835,02829.3%70.7%
Cavan–Monaghan108,81244.8%10,56937,64921.9%78.1%
Clare90,10144.0%12,57326,57432.1%67.9%
Cork East90,34342.5%12,04825,92531.7%68.3%
Cork North-Central86,07542.6%11,25424,93331.1%68.9%
Cork North-West71,32644.7%10,44721,13333.1%66.9%
Cork South-Central89,73945.1%15,50424,62838.6%61.4%
Cork South-West67,18742.8%10,88617,55538.3%61.7%
Donegal123,45240.0%9,66939,18119.8%80.2%
Dublin Bay North105,36950.7%20,40132,58238.5%61.5%
Dublin Bay South71,39539.1%13,74913,94249.7%50.3%
Dublin Central54,33043.0%9,68913,38742.0%58.0%
Dublin Fingal101,39346.9%18,84628,29640.0%60.0%
Dublin Mid-West73,67347.6%10,03124,72728.9%71.1%
Dublin North-West50,99947.6%6,90117,03928.8%71.2%
Dublin Rathdown65,45747.4%15,19515,56649.4%50.6%
Dublin South-Central71,83445.6%11,10321,20934.4%65.6%
Dublin South-West106,40547.6%17,22332,92634.3%65.7%
Dublin West70,48346.2%11,93020,32737.0%63.0%
Dún Laoghaire97,31545.5%22,07321,81850.3%49.7%
Galway East70,75840.8%7,98820,55728.0%72.0%
Galway West99,99441.7%13,90927,29833.8%66.2%
Kerry112,26342.6%13,58033,74128.7%71.3%
Kildare North83,21948.2%15,97223,76340.2%59.8%
Kildare South78,34545.7%10,77124,66630.4%69.6%
Laois-Offaly112,15043.7%11,77636,70324.3%75.7%
Limerick City75,65143.4%10,29122,19531.7%68.3%
Limerick County70,55142.6%8,14521,60227.4%72.6%
Longford–Westmeath92,62640.9%9,49727,94025.4%74.6%
Louth106,84247.6%14,49635,78328.8%71.2%
Mayo97,51943.4%10,21731,56524.5%75.5%
Meath East67,86745.9%10,03520,93132.4%67.6%
Meath West74,87139.7%8,26321,15728.1%71.9%
Roscommon–Galway66,18443.7%7,44121,17326.0%74.0%
Sligo–Leitrim93,06542.7%11,03028,20628.1%71.9%
Tipperary122,15944.4%14,32839,33826.7%73.3%
Waterford85,91042.9%11,98624,40432.9%67.1%
Wexford114,65342.5%13,34834,79127.7%72.3%
Wicklow100,72351.4%19,88231,30838.8%61.2%
Total3,438,56644.4%487,5641,021,54632.3%67.7%

Fortieth Amendment

[edit]
Fortieth Amendment of the Constitution (Care) Bill 2023[98]
ChoiceVotes%
Referendum failedNo1,114,62073.93
Yes393,05326.07
Valid votes1,507,67398.85
Invalid or blank votes17,5481.15
Total votes1,525,221100.00
Registered voters/turnout3,438,56644.36
Fortieth Amendment referendum result (excluding invalid votes)
No:
1,114,620 (73.93%)
Yes:
393,053 (26.07%)
Fortieth Amendment (Care) – Results by constituency[98]
ConstituencyElectorateTurnout (%)VotesProportion of votes
YesNoYesNo
Carlow–Kilkenny117,52842.7%13,76835,73527.8%72.2%
Cavan–Monaghan108,81244.8%9,03839,16618.7%81.3%
Clare90,10144.0%10,13128,97925.9%74.1%
Cork East90,34342.5%9,61928,32025.3%74.7%
Cork North-Central86,07542.6%8,68727,44024.0%76.0%
Cork North-West71,32644.6%8,33523,21726.4%73.6%
Cork South-Central89,73945.1%11,83828,23529.5%70.5%
Cork South-West67,18742.8%8,94319,48631.5%68.5%
Donegal123,45240.0%7,83441,03016.0%84.0%
Dublin Bay North105,36950.7%15,55937,10929.5%70.5%
Dublin Bay South71,39539.2%11,45416,21741.4%58.6%
Dublin Central54,33043.0%7,01315,98430.5%69.5%
Dublin Fingal101,39346.9%14,69532,39131.2%68.8%
Dublin Mid-West73,67347.6%7,52527,20121.7%78.3%
Dublin North-West50,99947.6%4,90218,99220.5%79.5%
Dublin Rathdown65,45747.4%12,61918,08041.1%58.9%
Dublin South-Central71,83445.6%7,90424,37924.5%75.5%
Dublin South-West106,40547.6%13,22536,88126.4%73.6%
Dublin West70,48346.2%9,35722,89329.0%71.0%
Dún Laoghaire97,31545.5%18,52725,37042.2%57.8%
Galway East70,75840.8%6,28922,22222.1%77.9%
Galway West99,99441.7%10,66030,56725.9%74.1%
Kerry112,26342.6%11,45835,80924.2%75.8%
Kildare North83,21948.2%12,62827,05431.8%68.2%
Kildare South78,34545.7%8,38027,05123.7%76.3%
Laois-Offaly112,15043.7%9,67438,77920.0%80.0%
Limerick City75,65143.4%8,09624,32225.0%75.0%
Limerick County70,55142.6%6,75022,98122.7%77.3%
Longford–Westmeath92,62640.9%8,02329,41221.4%78.6%
Louth106,84247.6%11,50638,77522.9%77.1%
Mayo97,51943.3%9,00932,80721.5%78.5%
Meath East67,86745.9%7,99322,94225.8%74.2%
Meath West74,87139.7%6,54222,84022.3%77.7%
Roscommon–Galway66,18443.7%6,29522,29322.0%78.0%
Sligo–Leitrim93,06542.7%9,21030,01123.5%76.5%
Tipperary122,15944.4%12,08341,50022.6%77.4%
Waterford85,91042.9%9,67526,75326.6%73.4%
Wexford114,65342.5%12,47735,61925.9%74.1%
Wicklow100,72351.4%15,33235,77830.0%70.0%
Total3,438,56644.4%393,0531,114,62026.1%73.9%

Reactions

[edit]

Following the release of final results, Varadkar acknowledged that the electorate had delivered "two wallops" to the government[99] and said that it would respect the result. The Leader of the OppositionMary Lou McDonald said that the government had "come up short in terms of the caring wording" and that there had been a "lack of clarity", but insisted that her party was still "very much" in touch with the public. Aontú supporters gathered to celebrate the referendum result at the courtyard ofDublin Castle.[100]

An exit poll carried out by Ireland Thinks for theSunday Independent gave a breakdown of voting patterns based on party support and identified some of the reasons for the No vote in each referendum. It found that only Fine Gael and Green Party supporters had a majority voting Yes in the Care Referendum, with Labour Party supporters evenly split. All other party supporters voted against the Care amendment by a margin of greater than 70 per cent. In the Family Referendum, supporters of Fianna Fáil, Sinn Féin and Independents overwhelmingly voted No, while supporters of Fine Gael, the Green Party, Social Democrats and People Before Profit voted Yes. Reasons for voting No in the Family referendum included lack of clarity in the wording, opposition to, or distrust of the government, and contentment with current laws or beliefs in marriage. Reasons for voting No in the Care referendum included vague or poor wording, concerns about government responsibility and support for carers, and potential undermining of the recognition and protection of women's roles.[101]

Fianna Fáil politiciansLisa Chambers,Niamh Smyth,Willie O'Dea,John McGuinness andÉamon Ó Cuív caused controversy when they admitted to having voted No on one or both referendums, despite the party's position being a Yes vote on both referendums.[102][103]

Less than two weeks after the result of the referendums was announced, Varadkar announced his decision to step down as Taoiseach. Some media outlets linked this decision to the failure of both referendums; however, Green Party leader,Eamon Ryan said he did not believe it was the "defining reason" for the resignation.[104][105]

References

[edit]
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  51. ^Ireland First [@IrelandFirst23] (7 March 2024)."This is our final post ahead of tomorrow's referendum" (Tweet). Retrieved9 March 2024 – viaTwitter.
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  53. ^Farmers' Alliance (7 March 2024)."Just before we head off to vote in the referendums tomorrow, it's worth taking a moment to watch this video by Lawyers for No".Archived from the original on 10 March 2024. Retrieved9 March 2024 – viaFacebook.
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  55. ^Liberty Republic (2 March 2024)."Liberty Republic is asking you to do the right thing on March 8th". Retrieved13 April 2024 – viaFacebook.
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Further reading

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External links

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Enacted
Proposed
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See also
Dáil elections
Seanad elections
Presidential elections
European elections
Local elections
Referendums
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