Donegal voters to have say on whether to alter family, care, women and mother clauses in Constitution

Citizens are being invited to decide on whether Article 41 of the Constitution, which relates to the family, care and the role of women, should be changed.

If a majority in the 26 counties votes yes the Constitution will be amended for the 33rd and 34th time.

The first referendum – the 39th proposed Amendment – has been described as ‘The Family Amendment’ by the Electoral Commission.

Voters are being on whether to change Article 41.1.1°, which currently states, “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,” so that it instead reads, “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.”

They will also vote on whether Article 41.3.1°, which currently states, “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,” should be changed to, “The State pledges itself to guard with special care the institution of Marriage...and to protect it against attack.”

The second referendum – the 40th Amendment – has been referred to as ‘The Care Amendment’ and relates to the deletion of clauses referring to women and mothers and their ‘lives and duties’ within the home.

Voters will have their say on whether or not to delete Article 41.2.1°:

“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.”

And Article 41.2.2°:

“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.”

This is to be replaced by a new Article 42B that will read: “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.”

Since 1937 the Constitution has been amended 32 times. Proposed changes have been rejected on 12 occasions.

Famously referendums on the Nice and Lisbon treaties in the 2000s were first rejected, then endorsed after being run twice.

Significant referendums backed by the people have included the 3rd Amendment of 1972 [date of poll] that mandated European Communities (EC) membership; the 5th Amendment in 1972, which removed the special position of the Catholic Church and recognition for the Church of Ireland, Presbyterian Church, Methodist Church, Quakers, Jewish Congregations and other denominations; the 15th Amendment of 1995 that removed a divorce ban; the 19th Amendment of 1998 that endorsed the Good Friday Agreement and removed a territorial claim to all of the island; the 34th Amendment of 2015, which provided for same-sex marriage; and the 36th Amendment of 2018 that liberalised abortion.

Almost 90% would vote for a united Ireland in our poll