The Council of the Law Society endorses a Yes Yes vote in the upcoming referendums on family and care
The Law Society of Ireland has formally adopted a Yes Yes position on the Constitutional referendums, which will be held next week on Friday 8 March.
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 Thirty-Ninth (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. At a time when over 40% of children in Ireland are born outside of marriage or civil partnerships, the value of this amendment is clear. The Family Amendment legally recognises the value of all genders in the family, promotes equal treatment of all families and is more inclusive. 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.
“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 Fortieth (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.
“Crucially, both amendments reflect 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. 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.”
