Connolly, Linda, Kumpikaitė-Valiūnienė, Vilmanté, Ferrari, Emanuela and Ó Maonaigh, Conchúr (2025) MUSSI Working Paper Series No – 26 What Now After the March the 8th Referendums? The Future of Family, Caring and Women’s “Life in the Home”. Working Paper. Maynooth University Social Science Institute (MUSSI), Maynooth.
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Abstract
On March the 8th 2024, the Irish electorate voted to reject key changes in the Irish
constitution, in the domain of personal relationships, family life and women’s role in society.
The family, marriage and women were all afforded privileged mention and protection in the
Irish Constitution of 1937. At the time, Ireland was a predominantly rural society with most
of the population engaged in agriculture. Married women were expected to have large
families and pregnancy outside marriage was stigmatized and concealed in religious run
institutions. The constitution’s wording reflected the traditional assumption that women’s
and men’s roles, abilities and positions in society were predefined by biology and ‘natural’
rather than socially constructed. In Article 41.1.1., the State recognises the family as the
natural, primary and fundamental group in society, and as a moral institution possessing
“inalienable and imprescriptible rights, antecedent and superior to all positive law.” Article
41.1.2. guarantees the State will protect the family in its constitution and authority, as the
necessary basis of social order and as indispensable to the welfare of the nation and the
State. Article 41.2.1 refers specifically to the role of women: “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.” The wording explicitly says woman (which
means all women) by her “life” as opposed to “women by their work,” for instance, which is
an important distinction. Women’s primary role (“her life”) in 1937 was defined as primarily
in the home as a mother, based on a male breadwinner model and the economic
dependency of women on men that was strongly supported by Catholic leaders but
objected to by Irish feminists at the time and ever since. Article 41.2.2. further states: “The
State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic
necessity to engage in labour to the neglect of their duties in the home.” The confinement
of women to the domain of family caring for decades was bolstered by laws that formally
and informally prevented women from continuing to work in certain sectors after marriage.
A formal “marriage ban” for instance applied to women working in the civil service until the
1970s, who had to give up their jobs upon getting married. Few protections also existed for
women subjected to financial, emotional or physical abuse in the protected
“family” and many had no independent means of survival. In Article 41.3.1. the
State also pledged “…to guard with special care the institution of Marriage, on which the
Family is founded, and to protect it against attack.” The definition of what a family is,
is explicitly tied to marriage to the exclusion of other family types, such as those headed by
lone parents or cohabitees, increasingly in evidence in in Ireland today.
| Item Type: | Monograph (Working Paper) |
|---|---|
| Keywords: | March 8th referendums; future; family; caring; women's life in the home; |
| Academic Unit: | Faculty of Social Sciences > Research Institutes > Maynooth University Social Sciences Institute, MUSSI |
| Item ID: | 21861 |
| Identification Number: | 10.48460/MU.MURAL.00021861 |
| Depositing User: | Linda Connolly |
| Date Deposited: | 23 Sep 2026 14:05 |
| Publisher: | Maynooth University Social Science Institute (MUSSI) |
| Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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