INDEPENDENT TD CATHERINE Connolly has said that while she is “not happy” with the current ‘women in the home’ language in the Constitution, she would “take her chances” with it rather than accepting the government’s “wishy washy” replacement.
The Dáil debated the wording of the upcoming referendums on care and family yesterday evening, with many political parties putting down amendments to change the proposed wording put forward by the government.
In less than two months, voters will be asked if they wish to:
The care amendment, which Connolly says she has “the most serious concerns about”, proposes removing the ‘women in the home’ reference, deleting Article 41.2 from the Constitution and inserting Article 42B with the following wording:
“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.”
The Galway TD, who previously worked as a barrister, laid out her concerns in the Dáil yesterday about what she described as the government’s “symbolic change” in the wording, stating:
“I will go out on a limb and say that I would prefer the existing wording, which is not gender neutral and is of its time… I would have more hope of action under the existing wording in the Constitution than I have with this.
“I have serious difficulty with promoting this referendum. I have repeatedly classified myself as a very strong feminist. I would use many other adjectives but this is an insult. It is a double insult to hold it on International Women’s Day,” Connolly told the Dáil last night.
Explaining her viewpoint, she said the wording in its current form is gendered and dated and does need to be changed but she added:
“The Constitution tells us that the mother should not be obliged to work outside the home because of economic necessity. Certainly, the wording needs to be changed and the consequences of zoning in on a woman and the parallel developments in Irish society, by a male-dominated patriarchal society were totally unacceptable.
“However, the concept behind it is the kernel of what this debate should be about and it has not been mentioned. No carer, whether a mother, father or whatever category they work under as the primary carer in a house should be forced out through economic necessity to a different or additional job.
“Given a choice of what the Government is proposing in this referendum and what is there, I would take my chances with what is there and leave it to the judiciary in an appropriate case to interpret it in a modern capacity that does not limit the recognition to a mother but recognises the value of care without which society and the economy cannot function,” said Connolly.
“I am now left with a decision to make, which I have almost made, unfortunately. I will strive to keep an open mind,” she said.
Connolly went on to state that the existing Article is stronger because what the government is proposing takes away any obligation on the State.
Speaking with The Journal today, Connolly said she has no issue with voting ‘Yes’ on the referendum on family, but is yet to make her mind up on whether she will support the referendum on ‘women in the home’, given the concerns outlined above.
“Yes, [the 'women in the home' wording] it has to go but what they are replacing it with is unacceptable. So in the course of my speech, I said given a choice between the two, I’ll take the one that’s there and look for the judges to interpret it,” said the Galway TD.
“I think the major argument hasn’t even been touched on, which is no primary carer should be forced to work outside the home for economic necessity. Which is the wording contained in the Constitution, but it’s done in a way that’s obviously unacceptable to all us women,” she said, adding that despite this, the concept still stands.
In her Dáil contribution, Connolly cited former Chief Justice, Justice Susan Denham and a judgement she gave 23 years ago.
Going into more detail on this, Connolly told The Journal that Denham cited how the ‘women in the home’ reference assigns worth to the work in the home.
The Denham judgement states that Article 41.2 ‘does not assign women to a domestic role. Article 41.2 to recognises the significant role played by wives and mothers in the home. This recognition and acknowledgement does not exclude women and mothers from other roles. It is a recognition of the work performed by women in the home’.
“Now obviously, I have a problem with the word women all the time, but the work is recognised because it is a net benefit for society. And then she goes on to say ‘this recognition must be construed harmoniously with other articles of the Constitution’,” Connolly said.
The Galway TD also cited another judgement – this one by Justice Murray that states: ”The duties and obligations of spouses are mutual and the Constitution implicitly recognises similarly the value of a man’s contribution in the home as a parent.”
Connolly said both judges are signaling that the Constitution has to be interpreted as a living document “and in a modern society, quite clearly, we can’t confine it to a woman”.
Transport Minister Eamon Ryan responded to Connolly’s comments in the Dáil last night, stating that the ‘women in the home’ terminology is sexist.
When asked if she agreed, Connolly said it is gendered language.
“Absolutely. But my difficulty is what they’re replacing it with. It’s not as strong as what’s in there,” she said, stating that she would prefer to have the judges interpret the current wording “in a modern way”.
Given those two choices, she said she trusts the judges’ interpretation but clarified only in that limited context.
“I’m not saying I’m happy with it, but I take my chances with that [rather] than what government are giving, which is wishy washy, confining the recognition to care within a home.
“Nobody, meaning the primary carer, should be forced for economic reasons outside of the home. If we’re going to value carers then that should be the thing we should be discussing. I don’t think it’s appropriate that we’re doing that in a rushed way in the Dáil,” said the independent TD.
Concluding, she said: “It was time to do something, to get rid of the sexist language. Yes. But with something more potent, which they haven’t done.”
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