The Law Society of Ireland has formally adopted a ‘yes’ position on the two constitutional referendums that will be held on Friday 8 March.

The first referendum will be on a proposed amendment to article 41.1 that will broaden the protection offered to the family to include families other than those based on marriage.

The second vote will be on a proposal to repeal article 41.2, which includes a reference to women ‘in the home’, and insert a new article 42B to provide recognition for care within families.

Diversity

The President of the Law Society Barry MacCarthy said: “The Law Society has considered the issues involved and is advocating for a ‘yes’ vote in both the upcoming referendums on family and care.

“Our Constitution is the nation’s foundational legal document that should reflect the values of modern Irish society.

“Any language that is, by its nature, discriminatory does not fit these values and should be removed. If passed, the amendments will recognise the diversity of family life and the role of carers in a manner that more reflects who we are as a nation today.

“It is the view of the Law Society that the current definition of family in the Constitution does not match the reality of families in Ireland today.

“The 39th (Family) Amendment will give recognition in our Constitution to the diverse range of family units – including one-parent families, cohabiting couples, and families where relatives are helping to bring up children, while continuing to recognise marriage,” the Law Society president said.

Inclusive

He added that, at a time when over 40% of children in Ireland were born outside of marriage or civil partnerships, the value of this amendment was clear.

“The family amendment legally recognises the value of all genders in the family, promotes equal treatment of all families, and is more inclusive,” he continued.

“While the definition of a ‘durable relationship’ is not defined, it will be a matter for our elected representatives to legislate and the courts to interpret, in line with the rule of law in the State.

Societal changes

“The current text of article 41.2 of our Constitution is discriminatory, does not reflect the role of women in Irish society correctly, and is out of touch.

“The insertion of the 40th (Care) Amendment will remove any stereotyping of one specific gender as the carer as opposed to another. The care amendment will also enshrine a recognition of all carers in the Constitution, and so places a greater value on those carers as well as an onus on government to provide them with greater support.”

Barry MacCarthy stated that both amendments reflected significant societal changes in Ireland since the original text of the Constitution was drafted and approved in 1937.

“While legal interpretation of the amendments may require further development, the country has robust legislative and legal institutions to deal with those issues,” he continued.

“It is the Law Society’s view that discriminatory language has no place in the nation’s foundational legal document, which should reflect the values of modern Irish society. The Law Society supports a ‘yes, yes’ vote, which will provide greater recognition for all families, better reflect the diversity of family life, and acknowledge the role of carers,” the Law Society president concluded.