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Referendum on Gender Equality (THREADBANS IN OP)

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  • Registered Users Posts: 2,298 ✭✭✭kowloonkev


    It's quite funny seeing comments like everyone I know is voting this way or that way. They all agree with me. God, what boring conversations those groups must have. I rather think those people may not really know their friends as well as they think, or are bluffing to strengthen their position in online debates.

    In my opinion you should vote on something for the impact it makes on people's lives. Is it for the greater good? I don't think describing women as birthing people is really going on, apart from some lunatics online or those awful writers of Sunday columns just desperate for attention. I don't see that as a valid excuse for voting no. I also think Atheists (more prolific preachers you'll never come across) using the Catholic church as an excuse to vote yes is reasonable. None have any impact on people.

    The impact has not been explained at all in practical terms. At least with abortion there was a clear moral/practical choice to make.

    Why are the government really holding this referendum? Is it just to gauge their popularity?



  • Registered Users Posts: 41,062 ✭✭✭✭Annasopra


    It's been on the cards for a long time in constitutional reform, its not an overnight decision to hold it.

    I think the wording isn't 100% decided yet and that's why the public hasn't been given full practical explanations yet.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 41,062 ✭✭✭✭Annasopra


    The opposition weren't happy with it and have been trying to amend it.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 41,062 ✭✭✭✭Annasopra


    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 151 ✭✭chacha11


    The government are holding this referendum because

    This article in the referendum was written by eamon devalera and a suspected paedophile (McQuaid) nearly a hundred years ago. This constitution has always been controversial. People protested the wording of this constitution back when it was written. It has no relevance to modern day society.



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  • Registered Users Posts: 6,301 ✭✭✭Silentcorner


    You'll probably see demand rising well above that over the coming decade...try getting a kid into one these days!!

    Parents want to protect their kids from serious mental health issues and who can blame them!!



  • Registered Users Posts: 6,301 ✭✭✭Silentcorner


    As you know, men don't get any protection in our constitution. It's legal to discriminate against men in all walks of life.



  • Registered Users Posts: 11,099 ✭✭✭✭Furze99


    Lots of aspects of the 1937 constitution are dated. But these particular sections are fine as they are. The only people they offend are those who look to take offence perpetually.



  • Registered Users Posts: 151 ✭✭chacha11


    The thing is - you don't get to decide that things are fine as they are. Youre opinion is, it's done. My opinion is is nots fine. Neither of our opinions speak for the whole of ireland.

    That is why it is going to a public democratic vote.

    I personally predict the majority vote being to change it, but we will have to see



  • Registered Users Posts: 1,312 ✭✭✭eeepaulo


    So is it definite what it's being changed to, has the Oireachtas decided yet?



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  • Registered Users Posts: 151 ✭✭chacha11


    Silentcorner are you aware of Irelands history? Of the long history of abuse of women by men?

    Women weren't allowed to do many things for a long time in ireland.

    Mid last century if a woman was raped , she was imprisoned and made to do slave labour by the catholic church

    For a long time women had to give up work when they became married in Ireland - the marriage bar.

    For a long time - rape of a woman in marriage in ireland was legal. I believe it only became illegal in ireland in the 1990s.

    And you're saying that men are discriminated against? Do you know irelands history?

    It's not that long ago. The women that went through these things are still alive. Many Older women in Ireland have talked to me about living through the marriage bar.



  • Registered Users Posts: 8,436 ✭✭✭Quantum Erasure


    From Wikipedia

    The wording of the two referendums was passed by Dáil Éireann on 17 January 2024.[9]

    The Thirty-Ninth Amendment of the Constitution (The Family) Bill 2023 proposes to amend Article 41.1.1 to insert the words “whether founded on marriage or on other durable relationships”.

    It also proposes the deletion of the words “on which the Family is founded” from Article 41.3.1.

    The Fortieth Amendment of the Constitution (Care) Bill 2023 proposes to delete Article 41.2 from the Constitution and insert an Article 42B with the following wording:

    ‘The State recognises that the provision of care, by members of a family to one another by reason of the bonds that exist among them, gives to Society a support without which the common good cannot be achieved, and shall strive to support such provision.’[10]


    THE FAMILY

    ARTICLE 41

    1     1° The State recognises the Family 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, whether founded on marriage or on other durable relationship.

    2° The State, therefore, guarantees to 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.

    2     1° 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.

    2° 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 State recognises that the provision of care, by members of a family to one another by reason of the bonds that exist among them, gives to Society a support without which the common good cannot be achieved, and shall strive to support such provision.

    3     1° 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.

    2° A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that –

    i      there is no reasonable prospect of a reconciliation between the spouses,

    ii      such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and

    iii      any further conditions prescribed by law are complied with.

    3° Provision may be made by law for the recognition under the law of the State of a dissolution of marriage granted under the civil law of another state.

    4 Marriage may be contracted in accordance with law by two persons without distinction as to their sex.



  • Registered Users Posts: 6,301 ✭✭✭Silentcorner


    I do recognise the impact of an over bearing idealogically driven State, and the damage it does. You think it was a cake walk for ordinary men? This state locked up way more men than it did women! It was a brutal country and many of don't want to see those days return...be aware of the virtuous progressive, they think they are superior to all is the one lesson we all should have learned decades ago!!

    That doesn't give you any justification to ignore the discrimination in Health, Justice, Education and the Workplace that is occurring today. The simple reality is I and Irish men face way more discrimination than you or any Irish woman do today no matter how hysterical you get!



  • Registered Users Posts: 8,436 ✭✭✭Quantum Erasure


    See above for wording,

    I'll probably vote yes for the care amendment and no for the durable relationship one, can see unforseen consequences with that one



  • Registered Users Posts: 7,037 ✭✭✭timmyntc


    All they had to do was change wording in 41.2.2 to include stay at home father's also - i.e Any stay at home parent should not be obliged by economic necessity to engage in labour to the neglect of their duties in the home/as a carer.

    Instead they removed the article entirely and added a wishy washy section on carers which will not lead to any tangible benefit for anyone. Not a single piece of legislation will ever be influenced by this new article of the constitution. Whatever protections may have existed in the past definitely won't now, the new wording is far weaker in terms of rights.



  • Registered Users Posts: 1,312 ✭✭✭eeepaulo


    That's what is being proposed but the dail debated it last week and the seanad are this week, and the ICCL are still petitioning for changes.



  • Moderators, Business & Finance Moderators Posts: 10,262 Mod ✭✭✭✭Jim2007


    Really provide us with examples of constitution other that Switzerland and Ireland where the people are recongnised as soveriign and vote on change articles in their constitutions. Including the the actual articles of those treaties.



  • Moderators, Business & Finance Moderators Posts: 10,262 Mod ✭✭✭✭Jim2007


    And here we go again with more rubbish. Read McQuaid's actual report to Rome on his input the Irish Constitution and how it was regular ignored. Once again your lack of research or perhaps just selective research lets you down.



  • Registered Users Posts: 43,311 ✭✭✭✭K-9


    Well there is a specific reference to the Catholic Church in the Constitution which was a pretty big win for McQuaid, saying he didn't get everything he wanted isn't saying a whole lot tbh.

    Having said that, for all the problems in Devs constitution it is the very reason we are getting a vote, which is an important protection. That provision actually saved us from power grabs by Dev and FF to make it much more difficult for smaller parties to hold the balances of power down through the years.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Registered Users Posts: 16,362 ✭✭✭✭Loafing Oaf


    He (and I think I'm on pretty safe ground assigning gender in this instance) is clearly not engaging in sincere debate

    It's legal to discriminate against men in all walks of life.



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  • Registered Users Posts: 6,301 ✭✭✭Silentcorner


    Speaking of engaging in sincere debate, care to point out an area of life where men aren't discriminated against then? I specifically mentioned Justice, Health, Education and the workplace, i should also include family matters.


    If you don't mind, I won't speculate on your gender, I am aware how sensitive an issue it is for some.



  • Registered Users Posts: 23,713 ✭✭✭✭One eyed Jack



    That FT article is very strangely written. It sets the stage by saying that men and women enjoy equality in Ireland than almost any country on earth, then claims that according to the Irish constitution, a woman’s life and duties are in the home (not what it says, but ok). It then goes on to describe Saint Brigid as being born to unmarried parents and forced to work as a servant to her father. Her parents were a pagan Irish Chieftain and one of his Christian slaves that Irish pirates had brought from Spain, and that’s how Brigid came to establish a monastery in Kildare for both men and women. She was like the original egalitarian 😁

    The author then goes on to suggest that Dev’s upbringing may have shaped his views on women’s rights. Dev himself didn’t seem to think so, and would likely have been offended by the suggestion:

    https://amp.rte.ie/amp/1412016/

    He was socially conservative, as the majority of people in Ireland were at the time (still are to a large degree), whereas women’s rights groups were socially liberal. It could be argued that Dev was just saving his own political skin, and putting responsibility for his inaction on Government and the Irish public as the reason for limiting women’s participation in public life.

    It’s not entirely surprising either that most people in Irish society were socially conservative, at a time when the author points to the existence of Mother and Baby homes, where it appears that far from getting a raw deal, women who ran the homes, the nuns, did quite well for themselves out of it, receiving payments from the State for their services.

    Women got a raw deal, certainly, but only certain women - it depended on their social status, ‘fallen women’ refers to women who were rejected by polite society, so much so that even women in prison objected to being housed with them for fear they might catch something:

    Thousands of women working as prostitutes roamed the streets of the towns and cities of Ireland in the nineteenth and early twentieth centuries. While there was a common belief that prostitution was an inevitable feature of life, especially where military garrisons existed, as long as prostitutes remained out of the public eye they were tolerated. It was most often their visibility that caused anxiety in the wider public. Prostitutes were believed to be the main source of venereal disease infection, and prostitution itself was believed to be contagious. In 1809 the women prisoners confined for debt in the Four Courts Marshalsea in Dublin, fearing moral and physical contagion, complained about having to mix with ‘women of the town (some from the very flags [streets])’.

    https://www.historyireland.com/women-of-the-pave-prostitution-in-ireland/


    The first Magdalene Asylum in Ireland was founded by Lady Arabella Denny, and became a model for the rest of them, later run by the Catholic nuns:

    Her work with the Foundling Hospital brought her in contact with despairing young women forced to give up their children, homes, and families. In June 1767 she founded Magdalen Asylum for Protestant Girls in Leeson Street, which was a home for fallen women or penitent prostitutes, who would work in exchange for accommodation, clothing, food and religious instruction. The women would spend between 18 months and 2 years in the asylum and were only allowed to leave if they had a position to go to or they were permitted to return home. It was the first institution of its kind in Ireland, and became a model for institutions throughout the country. The stated purpose was of delivering them "[...] from Shame, from Reproach, from Disease, from Want, from the base Society that ha[d] either drawn [them] into vice, or prevailed upon [them] to continue in it, to the utmost hazard of [their] eternal happiness".

    https://en.m.wikipedia.org/wiki/Arabella_Denny


    The provision in the Irish Constitution which refers to women in the home, is referring to exactly that, and not much has changed in the last century given that by far and away the vast majority of people working in the home, are women (98% according to census 2016, 92% according to census 2022), and nearly all of the persons in receipt of one-parent family payment in 2019, were women:

    • Nearly all (98.9%) of the 39,265 persons who received the one-parent family payment in 2018 were women.

    https://www.cso.ie/en/releasesandpublications/ep/p-wamii/womenandmeninireland2019/genderequality/

    Given the article was written a year before the wording of the referendum was published, it’s not surprising it was written as though the changes being suggested were uncontroversial and didn’t really appear to be creating much of a fuss. Government had this one in the bag, at least they had until they completely abandoned the suggested wording of the Citizens Assembly and the Oireachtas Committee and published wording which really is only symbolic and doesn’t require any legislative changes which would improve the status of women, or, more specifically - women living in poverty.

    Ironically, one of the most compelling reasons being touted for passing the referendum now appears to be the status of unmarried fathers!

    https://www.rte.ie/brainstorm/2024/0118/1427072-family-care-referendums-2024-constitution-of-ireland-article-41/


    Even the NWCI are struggling to get behind the referendum, understandable though really when they can trot out statistics which refer to women who are homeless, much like the Constitution refers to women in the home, highlighting the fact that 42% of people who are homeless, are women -

    The research by Trinity College Dublin shows that 42% of the homeless people in Ireland are women, rising to 47% in Dublin.

    Another consequence of increasing homelessness among women is entire families becoming homeless. The research found that 66% of homeless families in Ireland are headed by lone parents, most of whom are women.

    https://www.thejournal.ie/homeless-women-3489725-Jul2017/


    Given that context, it is indeed poor women who have had a raw deal; women who are wealthy have always done alright for themselves. I don’t see anything in the proposed wording which would have any impact whatsoever on the status of women and families living in poverty. Government could have been brave and done a far better job of it, but instead they took the more conservative approach, and messed it up so badly that I’m not sure there’s any coming back from it.



  • Registered Users Posts: 11,099 ✭✭✭✭Furze99


    Yes I think they are fine as they are and no need to tinker in order to virtue signal. You differ - that's fine.

    The Irish electorate are essentially conservative on such issues and unless change is pressing, they'll either vote No or more likely just not vote.

    Those that do vote will those that always vote - the older demographic.



  • Registered Users Posts: 7,662 ✭✭✭suvigirl


    Not all kids are cared for by parents, there are aunts, uncles, older brothers and sisters and grandparents caring for children. Better to have a phrase that can include everyone, I think



  • Registered Users Posts: 43,311 ✭✭✭✭K-9


    I'd say the Irish electorate used to be conservative would be a truer reflection, especially after abortion and same sex marriage passed comfortably.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Registered Users Posts: 11,099 ✭✭✭✭Furze99


    There were good cases to be made in both those issues, with real impacts of people that voters would know.

    These referendum? Exercise in virtue signalling and will be seen as such.



  • Registered Users Posts: 41,062 ✭✭✭✭Annasopra


    Havent decided what way I'll be voting yet but the anti trans conspiracies are really off the wall nonsense nothing to do with this referendum.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 333 ✭✭Hawkeye123


    I see the government is worried that the turnout for the March referendums will be low. Well they need not concern themselves about me. I will vote, just not the way they want.



  • Registered Users Posts: 23,713 ✭✭✭✭One eyed Jack


    Interesting decision from the Supreme Court this morning in the O’ Meara case:


    The court made its ruling in the case of John O'Meara, and his three children who challenged the High Court’s decision to uphold the refusal of the Minister for Social Protection to grant him the pension.

    It found the section of the legislation excluding Mr O'Meara from claiming the pension was invalid and unconstitutional in that it did not extend to Mr O'Meara as a parent of the couple's three children.

    Their action was against the Minister for Social Protection, Ireland and the Attorney General which had opposed the claim.

    Last October Mr Justice Mark Helsin said he had enormous sympathy for the applicants but dismissed their claim against the minister's refusal.

    However, the seven-judge Supreme Court has unanimously overturned the High Court’s decision and ruled that the relevant section of the 2005 act was invalid and discriminatory.

    Chief Justice Donal O'Donnell in his ruling said the distinction in the legislation between a married and unmarried couple was "arbitrary and capricious".

    https://www.rte.ie/news/ireland/2024/0122/1427908-court-pension/



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  • Registered Users Posts: 6,995 ✭✭✭conorhal


    I'm tired of numpties that insist the institution of marriage needs to be deconstructed to suit the stupid and the feckless.

    He could have avoided all this nonsense if he married the woman, rather than waiting 20 years till she had 3 kids and cancer, then missing the boat due to covid.

    I remember trying to explain this to a friend of mine that 'doesn't believe in marriage'. I was at pains to point out that marriage has nothing to do with romance, churches or 'a big day out' you can't be bothered with. It's a legal contract with the state. So, I asked him, 'do you believe in access to your kids as their guardian and a widower/widow’s pension though? Because these are the kind of things you need a contract to regularize your affairs with. You wouldn’t take a job without a contract, nor should you enter into a long-term relationship without one.

    I feel the same when it comes to making a will. Do it, now if you don't have one. Even if all your worldly assets only amount to a couple of grand in the bank, because otherwise the state will screw you in probate and the people you would hope might benefit in the case of your passing might not.



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