On March 8, 2024, the Irish government held two referendums on the 39th Amendment to the Family Law Act and the 40th Amendment to the Care Law. The proposed amendments reflect a re-evaluation of the definition of family and the pursuit of gender equality. While opinion polls ahead of the referendum showed strong support, the final result surprised many - both amendments were rejected by a majority of voters.
The national turnout rate was only 44.36%, but 67.69% of voters opposed the 39th Amendment and 73.93% opposed the 40th Amendment.
The Thirty-ninth Amendment aims to expand the Constitution's definition of family to include lasting relationships beyond marriage; while the Fortieth Amendment plans to delete the reference to women's "family life" and replace it with a gender-neutral clause that supports the family nursing work in. However, these proposals ultimately encountered strong resistance from voters.
The main parties in the government coalition support these two amendments, including Finnerford and the Green Party. However, opposition parties such as Aontú and Independent Ireland called for a vote against it. Various civil society organizations, including the National Council for Women, also expressed support for the proposal. However, the final vote was diametrically opposed to the trends shown by these supporting forces and polls.
This was the highest proportion of negative votes in the history of a constitutional referendum in Ireland, showing how thoughtful voters were about the definition of family and care.
Such results have triggered discussions about the changing values of Irish society. The definition of family has been changing since the Constitution came into effect in 1937. This referendum is not only about the revision of legal provisions, but also reflects society’s competing perspectives on the evolution of family structures.
Reaction to the referendum was swift and widespread, with many political leaders expressing disappointment after the results were announced. The government has pledged to respect voters' choices, while the opposition has reiterated its criticism of government missteps in crafting care-related legislation.
Voters demonstrate different priorities for changes related to families and care, particularly in the face of current socioeconomic issues.
In addition, social groups and religious organizations that participated in the referendum also analyzed the results. As ideas about family and gender roles became more diverse, support and opposition to the amendment reflected these changes. Many people in Ireland demonstrate a deep concern for socio-cultural shifts as they weigh their personal views against legal requirements.
In the current political climate in Ireland, many voters are dissatisfied with the government's handling of this issue. The failure of this referendum has undoubtedly brought more uncertainty to Ireland’s future legal direction.
The results of this referendum also triggered extensive discussions and reflections on the necessity of government policies and their social impact. For future reforms, should we think more deeply about the contemporary meaning of family and how the social values we pursue should keep pace with the times?