Constitution - Article 41 Family  ‘natural, primary and fundamental unit group of society’  Only recognises the family based on a marriage between a man and a woman  Prohibition on dissolution of marriage in 1937 Constitution. Amendment ( Nov.95) allowing divorce followed by legislation

Constitution Review Group (1996)  Submissions that definition of family be amended to include units other than those based on marriage (based on relationship rather than structure)  Preferred option – retain present protection AND extend to all a right to respect for their family life – whether based on marriage or not

Varieties of Families (with children)  One-parent families  Same-sex couples and children  Co-habiting couples and children  Blended families

CSO Statistics Family Units  12% - non-marital couples-1/3 with children- sharp increase over last 20 years  18% - one-parent families (190,000)  33.1% of births outside marriage-24,844 (more than half to co-habiting parents)

Traditional Family Household in Decline  One –person households on the increase ( up18.7% since 2002)  Continued fall in average household size – 2.8 (Dublin 2.5)  Co-habiting couples fastest growing family type (up 48,200 since 2002 to 121,800)  Fewer adult children living with parents

Marital Breakdown  3,630 divorces granted in 2008  5,000 –including judicial separations & nullity applications  Slowing down & levelling off of rate since introduction of divorce - joint lowest with Italy -linked to fall in marriage rate and later marriages since 1970s

Supreme Court Judgment December 2009  High Court - lesbian couple – a ‘de facto’ family- entitled to protection of family rights  Supreme Court – ‘There is no institution in Ireland of a ‘de facto’ family’ - Article 41 ‘…the family in Irish law is based on a marriage between a man and a woman’

Civil Partnership Bill (Legislative programme Spring 2010)  ‘..an extensive package of rights, obligations and protections for same- sex couples who register as civil partners’ and ‘a redress scheme for co- habitants’  Change ‘marital status’ to ‘civil status’ in Equality legislation

Separated Teachers’ Support Group  Set up 21 years ago  Support for members  Still difficult for separated teachers to be open in staffrooms – particularly in rural areas