Referendum to remove 'sexist' reference from Constitution may not take place this November

Well-placed sources say the promised vote is 'not realistic' as a referendum bill cannot be passed until the week of September 20 at the earliest

Members of the Oireachtas committee on gender equality on July 13, 2022, launching their recommendation for a referendum to remove the 'woman in the home'  clause from the Constitution. Picture: Maxwells

Holding a promised referendum to remove a ‘sexist’ reference to women in the home in November is now “not realistic”, ministers have warned.

Following the recommendations of the Citizens’ Assembly, Taoiseach Leo Varadkar committed to holding a vote in November to remove what is seen as an archaic reference to women in the home.

However, ministers have now hit a block in defining ‘the family’ which is currently linked to marriage in the Constitution and they are still working out the wording of how carers might be recognised.

“Is it still on track for November? I honestly do not know is the answer,” one minister told the Irish Examiner. Another ministerial source said: 

There is now concern that we have set a timeline, but the wording and the work involved with that may not be done. 

Amending Article 41.2 of the Constitution has been long discussed and was in the recommendations made by the Citizens’ Assembly on Gender Equality.

The group also found that Article 41.3 contains the phrase ‘marriage, on which the family is founded’ should be changed to protect all family life and should not be limited to the marital family.

It has been suggested the Government may decide to remove the link to marriage but may not set out a definition of the family, meaning it would be left up to the courts to decide.

Members of the Coalition are concerned that, even if these issues are ironed out, the Referendum Commission will not have enough time to carry out its work before the November deadline.

One source said: 

You can’t pass a referendum bill until the Dáil is back, so that’s the week of September 20 at the very earliest,. The Referendum Commission would then have less than two months to do its work. 

One minister suggested that public conversations have yet to happen on the issue, which is crucial ahead of any referendum.

There is also a fear that holding the referendum just a few weeks after the Budget would also limit the amount of airtime and media coverage in the lead-up to a referendum.

“If we don’t give enough time, that gives succor to those who are campaigning against it,” said a source,

Children’s Minister Roderic O’Gorman initially indicated that he would publish the general scheme of the referendum bill by the end of last month so that the Electoral Commission could be briefed. However, it will now be the autumn before this happens.

However, one Cabinet source said Mr O’Gorman and his officials have done a substantial amount of work into what is a complex task.

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Mr Varadkar said in March: “For too long, women and girls have carried a disproportionate share of caring responsibilities, been discriminated against at home and in the workplace, objectified, or lived in fear of domestic or gender-based violence.”

If November’s vote does not go ahead it would be the second time a referendum on the subject was postponed. In the previous government, justice minister Charlie Flanagan had sought to hold a vote on the matter in 2018 but it was delayed to allow for Oireachtas scrutiny.