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Lack of buy-in may be biggest challenge for referendums

There are plans for two referendums to take place on 8 March
There are plans for two referendums to take place on 8 March

The symbolism will not be lost on voters when they are asked to vote, on International Women's Day next, to change language in the Constitution that has long been considered sexist and outdated.

It would seem like a no brainer to groups that have been advocating for equality for many years, that language dating to 1937 referring to a woman’s "duties" in the home and marriage as the basis of the family, to campaign vigorously for change.

But as the coalition plans two referendums to take place on 8 March, its biggest problem may not be, as the Taoiseach fears, disinformation from populists aiming to sow political division - particularly on issues around gender and family.

Rather, its biggest challenge might be a lack of general buy-in to the campaigns and a reticence among civil society groups to get involved.

As a result of the Government opting for far more conservative wording that was recommended by the Citizens' Assembly and the Oireachtas Committee on Equality, groups that played key roles on both the marriage equality and repeal referendums, are still weighing up whether or not to get involved this time around.

There will be two questions put to the electorate.

The first proposes a change to article 41.1 which reads that: "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."

This first referendum proposes inserting, after Family, the words "whether founded on marriage or on other durable relationships".

It would also alter article 41.3 which says that "the State pledges itself to guard with special care the institution of marriage" to remove "on which the family is founded".

Removing the link between marriage and the family has been recommended as far back as 1996 when it was proposed by the Constitutional Review Group.

At the time, 25% of births took place outside of marriage - something that has risen to 40% today.

The Citizens' Assembly had recommended language that was far broader than "durable relationship".

It proposed changing the definition of family to "forms other than the marital relationship".

The term "durable relationship" is something that will come under scrutiny and is being examined by groups such as the Irish Council for Civil Liberties - which has been campaigning on this for decades - and will decide this week what role it will play in the campaign.

The second referendum question will be on deleting in its entirety Article 41.2 which reads that: "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 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."

At issue for many groups is not the deletion of this wording, but rather what it is being replaced with. The question put to voters will be to replace it with Article 42B which would state: "The State recognises the provision of care, by members of a family to one another, by reasons of the bonds that exist among them, gives to Society a support without which the common good can be achieved, and shall strive to support such provision."

It was clear that the proposal fell short of the expectations of the National Women’s Council - whose support would be deemed crucial in any campaign.

While welcoming the proposal to "remove limits on women’s role from our constitution" the Council noted the "significant change to the wording on care".

It has been consulting with its 200 member organisations and will make a decision around what role it should play early this week.

As well as the endorsement of civil society groups, the Government would also hope for cross-party support for the campaign.

The handling of the issue in recent days suggests that opposition parties will be less than enthusiastic in their support.

When asked to waive pre-legislative scrutiny of the Bills giving effect to the legislation - in order that they could speed up the process - the Oireachtas Committee on Equality did not give its assent.

After failing to reach a consensus, it had to go to a vote in which Government members voted down the opposition.

Besides, much political energy and resources will be consumed by June’s local and European elections, and the possible general election later next year.

The Taoiseach has spoken about "disinformation and distraction" in the referendum campaigns - a fear that had delayed the process of coming up with a wording to be put to the people.

But with lukewarm support among civil society groups and politicians, a poor campaign and apathetic electorate might prove to be a bigger challenge.