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2024 Irish constitutional referendums

(Redirected from Thirty-ninth Amendment of the Constitution (The Family) Bill 2023)

The government of Ireland held two referendums on 8 March 2024 on proposed amendments to the Constitution of Ireland. The Thirty-ninth Amendment of the Constitution (The Family) Bill 2023 proposed to expand the constitutional definition of family to include durable relationships outside marriage. The Fortieth Amendment of the Constitution (Care) Bill 2023 proposed to replace a reference to women's "life within the home" and a constitutional obligation to "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" with a gender-neutral article on supporting care within the family.

Thirty-ninth Amendment of the Constitution of Ireland
8 March 2024 (2024-03-08)
(The Family) Bill 2023
Results
Choice
 Votes %
Yes 487,564 32.31%
No 1,021,546 67.69%
Valid votes 1,509,110 98.94%
Invalid or blank votes 16,105 1.06%
Total votes 1,525,215 100.00%
Registered voters/turnout 3,438,548 44.36%
Fortieth Amendment of the Constitution of Ireland
8 March 2024 (2024-03-08)
(Care) Bill 2023
Results
Choice
 Votes %
Yes 393,053 26.07%
No 1,114,620 73.93%
Valid votes 1,507,673 98.85%
Invalid or blank votes 17,548 1.15%
Total votes 1,525,221 100.00%
Registered voters/turnout 3,438,566 44.36%

Of the parties represented in the Dáil, the governing coalition partners Fianna Fáil, Fine Gael, and the Green Party called for Yes votes in both referendums, as did opposition parties Sinn Féin, the Labour Party, the Social Democrats, and People Before Profit–Solidarity. Opposition parties Aontú and Independent Ireland called for No votes in both. Civil society groups including the National Women's Council of Ireland, Treoir, Family Carers Ireland, One Family, and the Union of Students in Ireland advocated Yes votes in both referendums, as did Mary McAleese, a former president of Ireland. Groups including the Iona Institute, Family Solidarity, and Lawyers for No—an ad hoc group of barristers led by Senator Michael McDowell—campaigned for No votes in both. Opinion polls taken between early February and early March suggested a significant lead for the Yes campaign in both referendums.

Turnout nationwide was 44.36 percent of registered voters.[1] Contradicting the opinion polls, voters comprehensively rejected both bills, with 67.69 percent voting No to the proposed Thirty-ninth Amendment on the Family and 73.93 percent voting No to the proposed Fortieth Amendment on Care.[1][2][3] These were the highest and third-highest percentage votes for No in the history of Irish constitutional referendums.[4] Of the 39 constituencies, only Dún Laoghaire supported the proposed Thirty-ninth Amendment, and none supported the proposed Fortieth.[5] The Donegal constituency registered the highest percentage votes for No in both referendums, at 80.21 and 83.97 percent respectively.[6]

Background

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The Constitution of Ireland came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937. An amendment to the Constitution of Ireland must be proposed as a bill initiated in Dáil Éireann and be passed, or deemed to have been passed, in both the Dáil and Seanad Éireann. The bill must then be submitted to a referendum in which all Irish citizens on the electoral register are eligible to vote.[7]

In July 2018, Minister for Justice and Equality Charlie Flanagan announced the intention of the government to hold a referendum deleting Article 41.2 from the Constitution.[8] This was to be held on the same day as the 2018 presidential election and a referendum to remove the offence of blasphemy. However, a decision of the Joint Oireachtas Committee on Justice and Equality to schedule pre-legislative hearings meant there was insufficient time to prepare a bill for the proposed October 2018 date.[9]

In July 2019, the Oireachtas established a Citizens' Assembly on gender equality. It delivered a report in June 2021.[10] An Oireachtas Committee on Gender Equality was established in December 2021 to consider the report of the assembly.[11] It delivered a report in December 2022, in which it proposed changes to the constitution, including to Article 40.1 on equality and Article 41 on the Family.[12][13]

On 8 March 2023, Taoiseach Leo Varadkar marked International Women's Day by announcing the government's intention to hold a referendum in November 2023 to enshrine gender equality in the Constitution by amending Articles 40 and 41.[14][15]

Proposals for constitutional amendments were due to be published by the end of June with a referendum to follow in November.[14] In August 2023, official and political sources told The Irish Times that the referendum was unlikely to take place in November, as planned. Scrutiny of the term "family" by senior officials drafting the text of the amendment had raised thorny questions about its definition and about related gender issues, provoking official caution likely to create delay.[16] The following week, in September, Taoiseach Varadkar announced that the government had decided to hold two referendums on the issue, in the "lifetime of the Government". He said the wordings of the amendments had not yet been finalised.[17]

On 5 December 2023, Varadkar and the Tánaiste, Micheál Martin, confirmed the topics of the two referendums proposed to be held on 8 March 2024.[18][19][20][21] Gender equality was not included in the proposals, to avoid the placing of gender discrimination above other types of discrimination.[22]

Wording

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The bills were presented to the Dáil by Roderic O'Gorman, the Minister for Children, Equality, Disability, Integration and Youth, on 8 December 2023.[23][24] Both bills were passed by the Dáil on 17 January 2024.[25][26][27] They were passed by the Seanad on 23 January.[28][29]

The Family

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The Thirty-Ninth Amendment of the Constitution (The Family) Bill 2023 (bill no. 91 of 2023) proposed to amend Article 41.1.1° to insert the words "whether founded on marriage or on other durable relationships". It also proposed the deletion of the words "on which the Family is founded" from Article 41.3.1°.[30]

Subsection Current text Proposed text
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. 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.
41.3.1° 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. The State pledges itself to guard with special care the institution of Marriage and to protect it against attack.

Care

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The Fortieth Amendment of the Constitution (Care) Bill 2023 (bill no. 92 of 2023) proposed to delete Article 41.2 from the Constitution and to insert a new Article 42B. It would also renumber Articles 41.3 and 41.4 as 41.2 and 41.3 respectively. [31][32]

Article 41.2 proposed to be deleted Article 42B proposed to be inserted
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.

Campaign

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On 24 January, the Minister for Housing, Local Government and Heritage Darragh O'Brien signed an order setting the polling day for both referendums as 8 March, to take place between the hours of 7 a.m. and 10 p.m.[33]

On 25 January, the Electoral Commission launched an information campaign to explain the proposed amendments and promote participation.[34] This was the first time it performed the function, which was previously the responsibility of a Referendum Commission established for each referendum.[35]

The Department of Housing, Local Government and Heritage estimated the cost of the campaign as between €16 million to €17 million.[36]

Political parties

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Both amendments were supported by the government parties of Fianna Fáil (with Thomas Byrne as director of elections), Fine Gael (with Heather Humphreys as director of elections), and the Green Party (with Pauline O'Reilly as director of elections).[37] Among the opposition parties, they were supported by the Labour Party, the Social Democrats and People Before Profit.[38][39] Sinn Féin was due to decide on the issue at a meeting of their Ard Comhairle on 3 February 2024 and eventually decided on 12 February to support both referendums "despite considerable disappointment with how the government has handled the upcoming proposals for constitutional change".[40][41] On 20 February 2024 Mary Lou McDonald said that Sinn Féin would re-run the Care referendum, with a revised wording, if it is rejected and if Sinn Féin were in government.[42]

Two parties represented in the Dáil, Aontú and Independent Ireland, opposed both amendments.[43][44] Senator Sharon Keogan erected posters advocating a No vote in both referendums, using money raised from a GoFundMe page. One of the posters which read "Don't force mothers out to work...Vote No." was described by the Electoral Commission as "an incorrect representation" of the question people are being asked to vote on.[45] Senator Rónán Mullen and party leader of the Human Dignity Alliance also called for No vote on both amendments.[46]

On 4 March 2024, An Rabharta Glas supported a Yes vote for the Family amendment and a No vote for the Care amendment, describing the latter as a "cynical window-dressing exercise which actually abdicates state responsibility for care and erodes the status of people with disabilities and carers".[47] The Communist Party of Ireland also supported a Yes vote for the Family amendment and a No vote for the Care amendment.[48] The Irish Freedom Party, the National Party, Ireland First, the Centre Party of Ireland, the Farmers' Alliance, The Irish People and the Liberty Republic opposed both amendments.[49][50][51][52][53][54][55] It was reported that the Christian Solidarity Party also opposed both; however this party is not on the Register of Political Parties anymore.[49][56]

The Electoral Commission granted Fine Gael, Fianna Fáil, Sinn Féin, the Green Party and Ireland First status as approved bodies for the referendum campaign.[57][58]

Civil society groups

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The amendments were supported by civil society groups including the National Women's Council of Ireland, Treoir, Family Carers Ireland, One Family, Union of Students in Ireland, and Spark.[59][60][61][62][63] Mary McAleese, a former president of Ireland, and Sinéad Gibney, who had resigned the previous day as the chief commissioner of the Irish Human Rights and Equality Commission, addressed an event hosted by Treoir and One Family to call for Yes votes in both referendums.[64][65][66] The Law Society of Ireland supported a Yes vote in both referendums.[67] This caused disagreement among some solicitors.[68]

Both amendments were opposed by the Iona Institute, Family Solidarity, and the Irish Women's Lobby.[69] Lawyers for No, an ad hoc group including Michael McDowell, Michael McNamara, Brenda Power and Maria Steen, stated their opposition on 29 February.[70] McDowell argued that a person could seek to resist deportation on the grounds of a durable relationship if the Family amendment is approved.[71] A march held in Dublin on 3 February 2024 calling for a No vote in both referendums was attended by around 100 people including Senator Sharon Keogan.[72]

The Free Legal Advice Centres (FLAC) supported the Family amendment but did not support the Care amendment, which they described as "implicitly sexist" and "ineffective".[73][74] Both Independent Living Movement Ireland and the Irish Council for Civil Liberties criticised the wording of the Care amendment but neither organisation campaigned against it.[75] A group of disability campaigners, Equality Not Care, called for a No vote on the care referendum.[76] Trinity College Dublin Students' Union endorsed a Yes vote in the Family referendum and a No vote in the Care referendum.[77]

Religious groups

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The Catholic Bishops' Conference said it would not be issuing any public comment until their Spring General Meeting which takes place in the days running up to the vote, however a statement was read out at mass on 25 February 2024 calling for a No vote in both referendums, arguing that Yes votes would weaken the incentive to marry and remove motherhood from the Constitution.[78] Denis Nulty, Bishop of Kildare and Leighlin had expressed concerns about the changes. The Catholic Archbishop of Dublin, Dermot Farrell said that "there will continue to be a moral obligation on governments and public policy to protect the institution of marriage and support vulnerable people and their families regardless of the outcome" and urged people to take part in the democratic process.[79]

The Presbyterian Church in Ireland released a statement that said "The ambiguity and lack of clarity contained within some of the amendments will mean that it is unlikely to introduce meaningful change, which could have been of benefit to society as a whole. The proposed amendment, which seeks to remove the link between marriage and family, is also disappointing, but is an indication of Ireland’s changing culture."[80]

Imam Hussein Halawa of the Islamic Cultural Centre of Ireland stated he did not believe there is a need to amend the Constitution but stopped short of calling for a vote either way. Rabbi Yoni Wieder of the Dublin Hebrew Congregation stated that they would not be taking any stance on the referendum. Michael Jackson, Archbishop of Dublin in the Church of Ireland, declined to make a statement citing the level of debate around the term "durable".[81]

Attorney General advice leak

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The day before the referendum, The Ditch, an online news site, published an article containing leaked advice from Attorney General Rossa Fanning to Roderic O'Gorman on the proposed Care amendment. The advice stated that there was a "lack of guidance from the courts" on how the word "strive" would be interpreted. Both No campaigners and Yes campaigners argued that the advice supported their position.[82][83]

Opinion polling

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The Family

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Dates
conducted 		Polling firm / Commissioner Sample size Yes No Undecided Would not vote Lead Sources
1–2 March 2024 Ireland Thinks/Sunday Independent 1,083 42% 23% 35% 19% [84][85]
16–21 February 2024 Red-C/The Business Post 1,009 52% 22% 20% 5% 30% [86][87]
2–6 February 2024 Ipsos B&A/The Irish Times 1,200 53% 15% 27% 5% 38% [88]
1–2 February 2024 Ireland Thinks/Sunday Independent 1,394 47% 29% 24% 18% [89]

Care

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Dates
conducted 		Polling firm / Commissioner Sample size Yes No Undecided Would not vote Lead Sources
1–2 March 2024 Ireland Thinks/Sunday Independent 1,083 39% 24% 36% 15% [84][85]
16–21 February 2024 Red-C/The Business Post 1,009 56% 20% 19% 5% 36% [86][87]
2–6 February 2024 Ipsos B&A/The Irish Times 1,200 60% 12% 23% 5% 48% [88]
1–2 February 2024 Ireland Thinks/Sunday Independent 1,394 49% 27% 24% 22% [89]

Voting and counting

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Voting took place from 7:00 a.m. to 10:00 p.m. on 8 March.[90] Counting began at 9:00 a.m. on 9 March.[91][92][93] The official results were announced separately at Dublin Castle on the evening of 9 March. The result of the Thirty-ninth Amendment referendum on Family was announced shortly before 7:00 p.m. and that of the Fortieth Amendment referendum on Care was announced shortly after 9:00 p.m.[94][95]

Results

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Thirty-ninth Amendment

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Thirty-ninth Amendment of the Constitution (The Family) Bill 2023[96]
Choice Votes %
  No 1,021,546 67.69
Yes 487,564 32.31
Valid votes 1,509,110 98.94
Invalid or blank votes 16,105 1.06
Total votes 1,525,215 100.00
Registered voters/turnout 3,438,566 44.36
Thirty-ninth Amendment referendum result (excluding invalid votes)
No:
1,021,546 (67.69%) 		Yes:
487,564 (32.31%)
▲
Thirty-ninth Amendment (The Family) – Results by constituency[96]
Constituency Electorate Turnout (%) Votes Proportion of votes
Yes No Yes No
Carlow–Kilkenny 117,528 42.7% 14,518 35,028 29.3% 70.7%
Cavan–Monaghan 108,812 44.8% 10,569 37,649 21.9% 78.1%
Clare 90,101 44.0% 12,573 26,574 32.1% 67.9%
Cork East 90,343 42.5% 12,048 25,925 31.7% 68.3%
Cork North-Central 86,075 42.6% 11,254 24,933 31.1% 68.9%
Cork North-West 71,326 44.7% 10,447 21,133 33.1% 66.9%
Cork South-Central 89,739 45.1% 15,504 24,628 38.6% 61.4%
Cork South-West 67,187 42.8% 10,886 17,555 38.3% 61.7%
Donegal 123,452 40.0% 9,669 39,181 19.8% 80.2%
Dublin Bay North 105,369 50.7% 20,401 32,582 38.5% 61.5%
Dublin Bay South 71,395 39.1% 13,749 13,942 49.7% 50.3%
Dublin Central 54,330 43.0% 9,689 13,387 42.0% 58.0%
Dublin Fingal 101,393 46.9% 18,846 28,296 40.0% 60.0%
Dublin Mid-West 73,673 47.6% 10,031 24,727 28.9% 71.1%
Dublin North-West 50,999 47.6% 6,901 17,039 28.8% 71.2%
Dublin Rathdown 65,457 47.4% 15,195 15,566 49.4% 50.6%
Dublin South-Central 71,834 45.6% 11,103 21,209 34.4% 65.6%
Dublin South-West 106,405 47.6% 17,223 32,926 34.3% 65.7%
Dublin West 70,483 46.2% 11,930 20,327 37.0% 63.0%
Dún Laoghaire 97,315 45.5% 22,073 21,818 50.3% 49.7%
Galway East 70,758 40.8% 7,988 20,557 28.0% 72.0%
Galway West 99,994 41.7% 13,909 27,298 33.8% 66.2%
Kerry 112,263 42.6% 13,580 33,741 28.7% 71.3%
Kildare North 83,219 48.2% 15,972 23,763 40.2% 59.8%
Kildare South 78,345 45.7% 10,771 24,666 30.4% 69.6%
Laois-Offaly 112,150 43.7% 11,776 36,703 24.3% 75.7%
Limerick City 75,651 43.4% 10,291 22,195 31.7% 68.3%
Limerick County 70,551 42.6% 8,145 21,602 27.4% 72.6%
Longford–Westmeath 92,626 40.9% 9,497 27,940 25.4% 74.6%
Louth 106,842 47.6% 14,496 35,783 28.8% 71.2%
Mayo 97,519 43.4% 10,217 31,565 24.5% 75.5%
Meath East 67,867 45.9% 10,035 20,931 32.4% 67.6%
Meath West 74,871 39.7% 8,263 21,157 28.1% 71.9%
Roscommon–Galway 66,184 43.7% 7,441 21,173 26.0% 74.0%
Sligo–Leitrim 93,065 42.7% 11,030 28,206 28.1% 71.9%
Tipperary 122,159 44.4% 14,328 39,338 26.7% 73.3%
Waterford 85,910 42.9% 11,986 24,404 32.9% 67.1%
Wexford 114,653 42.5% 13,348 34,791 27.7% 72.3%
Wicklow 100,723 51.4% 19,882 31,308 38.8% 61.2%
Total 3,438,566 44.4% 487,564 1,021,546 32.3% 67.7%

Fortieth Amendment

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Fortieth Amendment of the Constitution (Care) Bill 2023[97]
Choice Votes %
  No 1,114,620 73.93
Yes 393,053 26.07
Valid votes 1,507,673 98.85
Invalid or blank votes 17,548 1.15
Total votes 1,525,221 100.00
Registered voters/turnout 3,438,566 44.36
Fortieth Amendment referendum result (excluding invalid votes)
No:
1,114,620 (73.93%) 		Yes:
393,053 (26.07%)
▲
Fortieth Amendment (Care) – Results by constituency[97]
Constituency Electorate Turnout (%) Votes Proportion of votes
Yes No Yes No
Carlow–Kilkenny 117,528 42.7% 13,768 35,735 27.8% 72.2%
Cavan–Monaghan 108,812 44.8% 9,038 39,166 18.7% 81.3%
Clare 90,101 44.0% 10,131 28,979 25.9% 74.1%
Cork East 90,343 42.5% 9,619 28,320 25.3% 74.7%
Cork North-Central 86,075 42.6% 8,687 27,440 24.0% 76.0%
Cork North-West 71,326 44.6% 8,335 23,217 26.4% 73.6%
Cork South-Central 89,739 45.1% 11,838 28,235 29.5% 70.5%
Cork South-West 67,187 42.8% 8,943 19,486 31.5% 68.5%
Donegal 123,452 40.0% 7,834 41,030 16.0% 84.0%
Dublin Bay North 105,369 50.7% 15,559 37,109 29.5% 70.5%
Dublin Bay South 71,395 39.2% 11,454 16,217 41.4% 58.6%
Dublin Central 54,330 43.0% 7,013 15,984 30.5% 69.5%
Dublin Fingal 101,393 46.9% 14,695 32,391 31.2% 68.8%
Dublin Mid-West 73,673 47.6% 7,525 27,201 21.7% 78.3%
Dublin North-West 50,999 47.6% 4,902 18,992 20.5% 79.5%
Dublin Rathdown 65,457 47.4% 12,619 18,080 41.1% 58.9%
Dublin South-Central 71,834 45.6% 7,904 24,379 24.5% 75.5%
Dublin South-West 106,405 47.6% 13,225 36,881 26.4% 73.6%
Dublin West 70,483 46.2% 9,357 22,893 29.0% 71.0%
Dún Laoghaire 97,315 45.5% 18,527 25,370 42.2% 57.8%
Galway East 70,758 40.8% 6,289 22,222 22.1% 77.9%
Galway West 99,994 41.7% 10,660 30,567 25.9% 74.1%
Kerry 112,263 42.6% 11,458 35,809 24.2% 75.8%
Kildare North 83,219 48.2% 12,628 27,054 31.8% 68.2%
Kildare South 78,345 45.7% 8,380 27,051 23.7% 76.3%
Laois-Offaly 112,150 43.7% 9,674 38,779 20.0% 80.0%
Limerick City 75,651 43.4% 8,096 24,322 25.0% 75.0%
Limerick County 70,551 42.6% 6,750 22,981 22.7% 77.3%
Longford–Westmeath 92,626 40.9% 8,023 29,412 21.4% 78.6%
Louth 106,842 47.6% 11,506 38,775 22.9% 77.1%
Mayo 97,519 43.3% 9,009 32,807 21.5% 78.5%
Meath East 67,867 45.9% 7,993 22,942 25.8% 74.2%
Meath West 74,871 39.7% 6,542 22,840 22.3% 77.7%
Roscommon–Galway 66,184 43.7% 6,295 22,293 22.0% 78.0%
Sligo–Leitrim 93,065 42.7% 9,210 30,011 23.5% 76.5%
Tipperary 122,159 44.4% 12,083 41,500 22.6% 77.4%
Waterford 85,910 42.9% 9,675 26,753 26.6% 73.4%
Wexford 114,653 42.5% 12,477 35,619 25.9% 74.1%
Wicklow 100,723 51.4% 15,332 35,778 30.0% 70.0%
Total 3,438,566 44.4% 393,053 1,114,620 26.1% 73.9%

Reactions

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Following the release of final results, Varadkar acknowledged that the electorate had delivered "two wallops" to the government[98] and said that it would respect the result. The Leader of the Opposition Mary Lou McDonald said that the government had "come up short in terms of the caring wording" and that there had been a "lack of clarity", but insisted that her party was still "very much" in touch with the public. Aontú supporters gathered to celebrate the referendum result at the courtyard of Dublin Castle.[99]

An exit poll carried out by Ireland Thinks for the Sunday Independent gave a breakdown of voting patterns based on party support and identified some of the reasons for the No vote in each referendum. It found that only Fine Gael and Green Party supporters had a majority voting Yes in the Care Referendum, with Labour Party supporters evenly split. All other party supporters voted against the Care amendment by a margin of greater than 70 per cent. In the Family Referendum, supporters of Fianna Fáil, Sinn Féin and Independents overwhelmingly voted No, while supporters of Fine Gael, the Green Party, Social Democrats and People Before Profit voted Yes. Reasons for voting No in the Family referendum included lack of clarity in the wording and opposition to, or distrust of the government. Reasons for voting No in the Care referendum included vague or poor wording, and concerns about government responsibility and support for carers.[100]

Fianna Fáil politicians Lisa Chambers, Niamh Smyth, Willie O'Dea, John McGuinness and Éamon Ó Cuív caused controversy when they admitted to having voted No on one or both referendums, despite the party's position being a Yes vote on both referendums.[101][102]

Less than two weeks after the result of the referendums was announced, Varadkar announced his decision to step down as Taoiseach. Some media outlets linked this decision to the failure of both referendums; however, Green Party leader, Eamon Ryan said he did not believe it was the "defining reason" for the resignation.[103][104]

References

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Further reading

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