Thirty-ninth Amendment of the Constitution of Ireland
8 March 2024 (2024-03-08)
To expand the definition of the family

The Thirty-ninth Amendment of the Constitution (The Family) Bill 2023 (bill no. 91 of 2023) is a proposed amendment to the Constitution of Ireland to expand the definition of the family. The government intends to hold a referendum on the amendment on 8 March 2024, as well as a referendum on the Fortieth Amendment of the Constitution (Care) Bill 2023.[1]

Wording

The bill was introduced by the Minister for Children, Equality, Disability, Integration and Youth on 8 December 2023.[2]

If enacted, the bill would amend two provisions of the Constitution.

Article 41.1.1° would be amended by the addition of the text in bold:

The State recognises the Family, whether founded on marriage or on other durable relationships, as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.

Article 41.3.1° currently reads:

The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.

If the Fortieth Amendment of the Constitution (Care) Bill 2023 is also enacted, this provision will be renumbered as Article 41.2.1°. Under the Thirty-ninth Amendment, the following text would be substituted for this subsection:

The State pledges itself to guard with special care the institution of Marriage and to protect it against attack.

References

  1. ↑ Finn, Christina (5 December 2023). "Referendums on 'women in the home' reference and wider definition of family to be held in March". TheJournal.ie.
  2. ↑ "Thirty-ninth Amendment of the Constitution (The Family) Bill 2023". Oireachtas.


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