Ireland is on the brink of removing women from its Constitution

Irish voters are going to the polls on Friday — International Women’s Day — to vote on removing the terms “woman” and “mother” from the Constitution.

Also on the ballot is a proposal to broaden the definition of “family.”

There are two amendments being voted on: one on the family (Article 39) and one on the role of women/mothers in society (Article 40).

Article 39 aims to redefine the family as a unit “founded on marriage” or “on other durable relationships,” broadening the current definition in the Constitution.

Supporters of the changes argue that the current wording excludes single-parent and nonmarried households. 

Prime Minister Leo Varadkar has stated, “The relationship that exists between a child and their mother or father when they’re born is the one-parent family. It’s committed, caring, and long-lasting.”

However, the vague inclusion of “durable relationships” has caused confusion, with neither voters nor politicians having a clear definition of the term. 

Similar to American jurisprudence, unenumerated rights are present in Irish law. 

Some Irish politicians have not ruled out the possibility of Irish courts recognizing polygamy as a form of family.

There is even a suggestion that a bigamous relationship could be considered a family under the proposed amendment. 

Under Article 40 of the Constitution, bigamy could potentially be recognized as “inalienable and imprescriptible” and “antecedent and superior to all positive law” in Ireland 2024.

Irish Sen. Rónán Mullen has characterized the wording as a “constitutional novelty.” 

While Irish government minister Roderic O’Gorman argues that polygamy will not be recognized under the change as it is not considered a “moral institution in Irish law,” he also acknowledges that “the courts can ultimately decide in individual cases.” 

Irish Judge Marie Baker has provided an example that a “durable relationship” could be as simple as a couple receiving a single Christmas card or wedding invitation. 

These changes could impact Ireland’s immigration levels, which have been increasing significantly in recent months. 

Irish minister Neale Richmond has warned that the change will have “serious consequences” for Ireland’s immigration law and the process of proving familial relationships. 

The potential for mass chain-migration arises as family members of settled migrants in Ireland could reunite with their relatives by arguing that their relationship is durable, meeting the criteria for family reunification. 

In addition, migrants who have entered non-traditional marriages outside Ireland could also seek family status recognition. 

With immigration being a top concern for Irish voters, the referendum, if passed, could exacerbate the issue. 

Conducting the vote on International Women’s Day creates the illusion that the changes will benefit women in some way.

One of the aspects under scrutiny is Article 41.2 of the Constitution, which states: “The State shall . . . endeavor to ensure that mothers shall not be obliged by economic necessity to engage in labor to the neglect of their duties in the home.” 

Several activist groups in Ireland have criticized this article as promoting “sexist, stereotypical language” that confines women to the home. 

Advocates for repealing this section argue that it would be a step forward for feminism, although the current article provides protections for mothers who may need to work outside the home due to economic constraints. 

This section has also been used to amend discriminatory aspects of the income-tax code that affected mothers in the past. 

Many modern corporations discourage the idea of a single-income household, and some feminists are seeking to eliminate economic protections for women. 

Statistics show that over 90% of stay-at-home parents in Ireland are women, and a majority of women express a preference for staying at home during their child’s early years. 

The Constitution acknowledges this reality for many families, despite claims that it restricts women to the home being unfounded. 

Ireland has seen female presidents and a high female labor force participation rate, but some politicians continue to perpetuate the mistruth of “women in the home.” 

This is not the first instance in which the Irish government has attempted to eliminate the term “woman.” 

In 2020, Ireland’s Health Service Executive faced backlash for using “people with a cervix” instead of “woman” in a cervical-check information booklet.  

The referendum reflects a trend of disregarding women in the name of progressivism. 

Polls suggest that the vote will pass comfortably, although recent concerns over the proposed changes could impact the outcome of that particular amendment. 

This represents a significant shift in liberal democracy. 

It raises questions about the possibility of similar changes to the definition of family or the diminishing role of mothers in other Western democracies like the United States. 

Theo McDonald, based in Dublin, focuses on economic and social issues in his writing.