THE PUBLIC COULD be asked to vote in two seperate referendums to deal with the issue of gender equality in the Constitution.

The Government has signalled its intention to hold a referendum in November on a proposal to insert a gender equality and non-discrimination principle into the Constitution.

There have been significant delays in the publishing of the proposed new wording, particularly in relation to the ‘women in the home’ clause in the Irish Constitution. 

A coalition of non-government organisations has written to Taoiseach Leo Varadkar on the matter, stating that there will not be enough to allow for a national conversation unless the wording is published soon. 

Senior sources have told The Journal that the two referendums will be needed to deal with gender equality in the Constitution. 

One vote will relate to the definition of the family, which the Constitution currently says is based on marriage.

A separate referendum will also need to be held on the deletion of the ‘women in the home’ reference in the Constitution, in favour of recognising care in the home. 

Article 41.2 of the Constitution currently reads:

In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.

Wording not agreed yet

The Journal understands that the wording relating to a vote on the ‘women in the home’ clause has not been agreed yet and that a few options are under consideration. It is believed that the wording will be agreed “in the next few weeks”. 

Questions have been raised about whether the Government can stand over the November timeline for the referendum, with sources stating that the timeline is “tight”. 

They said there are concerns and risks about how the Supreme Court might interpret the changes, while another source said a simple removal of the clause cannot be looked at in isolation as it is sequential to the meaning of family. 

Holding the ballot in November is still the plan presently, it is understood.

When asked today by this publication if it will go ahead in November, Minister for Housing and Local Authorities Darragh O’Brien said he hasn’t been told anything to the contrary. 

He said he had not seen the wording as of yet, but said he expected the matter to be dealt with in September, adding that it is a priority for Government.

Speaking last month on the issue, Varadkar said:

“I think we all agree that in the modern world, there are lots of families that are not married families. 

“Families led by grandparents; families led by couples that aren’t married; one-parent families; but we need to make sure that we get that wording right and people don’t misinterpret it,” Varadkar said.

“I have a fear that people will misinterpret us as trying to delete the family or to delete marriage when actually the Constitution protects marriage and the family, but it’s the linking of the two that is something that we think should change. 

“We are conscious that referendums can go wrong – low turnouts, extraneous arguments being brought into the picture, so we’re wise to that,” he added. 

In the open letter to the Taoiseach this week, Family Carers Ireland, One Family, the National Women’s Council (NWC), SIPTU and Treoir (the national federation of services for unmarried parents and their families) noted that the wording was expected by mid-May but that this deadline has now passed. 

The letter said that without knowing the exact wording, it will be “increasingly difficult to build a civil society response” and said this is unfair to the families and people directly impacted.  

Asked yesterday about the potential timing of the referendum, Tánaiste Micheál Martin said “there is a commitment to November” but that he wants to see the Referendum Commission given the appropriate amount of time to explain the issues.

“I take the point that we have to get the wording right but we also have to make sure that there’s ample time that the Referendum Commission, that inevitably has to be set up, has enough time to present this to the public and give greater detail,” he said.

“No decision has been made or the timing of it yet, there is a commitment to November. When government comes back the Cabinet sub-committee will meet on this and we’ll have a definitive response then in terms of timing. Certainly I would favor the optimal amount of time being given to the Referendum Commission to explain it.” 

With reporting by Jane Matthews