March 2024 Irish constitutional referendums
The government of Ireland held two referendums on 8 March 2024 on proposed amendments 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 the Dáil, the governing coalition partners Fianna Fáil, Fine Gael, and the Green Party called for Yes votes in both referendums, as did opposition parties Sinn Féin, the Labour Party, the Social Democrats, and People Before Profit–Solidarity. Opposition parties Aontú and Independent Ireland called for No votes in both. Civil society groups including the National Women's Council of Ireland, Treoir, Family Carers Ireland, One Family, and the Union of Students in Ireland advocated Yes votes in both referendums, as did Mary McAleese, a former president of Ireland. Groups including the Iona Institute, Family Solidarity, and Lawyers for No—an ad hoc group of barristers led by Senator Michael 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, only Dún Laoghaire supported the proposed Thirty-ninth Amendment, and none supported the proposed Fortieth.[5] The Donegal constituency registered the highest percentage votes for No in both referendums, at 80.21 and 83.97 percent respectively.[6]
Background[edit]
The Constitution of Ireland came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937. An amendment to the Constitution of Ireland must be proposed as a bill initiated in Dáil Éireann and be passed, or deemed to have been passed, in both the Dáil and Seanad Éireann. The bill must then be submitted to a referendum in which all Irish citizens on the electoral register are eligible to vote.[7]
In July 2018, Minister for Justice and Equality Charlie 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 the 2018 presidential election and a referendum to remove 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 a Citizens' 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, Taoiseach Leo Varadkar marked International Women's Day by announcing the government's intention to hold a referendum 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 told The 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 the Tánaiste, 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]
Voting and counting[edit]
Voting took place from 7:00 a.m. to 10:00 p.m. on 8 March.[90] Counting began at 9:00 a.m. on 9 March.[91][92][93] The official results were announced separately at Dublin 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.[94][95]
Reactions[edit]
Following the release of final results, Varadkar acknowledged that the electorate had delivered “two wallops” to the government[98] and said that it would respect the result. The Leader of the Opposition Mary 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 of Dublin Castle.[99]
An exit poll carried out by Ireland Thinks for the Sunday 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 and opposition to, or distrust of the government. Reasons for voting No in the Care referendum included vague or poor wording, and concerns about government responsibility and support for carers.[100]
Fianna Fáil politicians Lisa Chambers, Niamh Smyth, Willie O'Dea, John McGuinness and Éamon 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.[101][102]
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.[103][104]