What is the Irish constitution definition of the family?

Answer 1

Generally speaking, only families based on a marriage between one man and one woman (with or without children) are considered families under the Irish constitution.

The Irish constitution devotes Article 41 to matters of the family. Despite this, the exact definition of a family is unclear from the constitution itself. The meaning of the term has instead been decided in various supreme court decisions.

The 1966 case of Nicolau v An Bord Uachtala decided that unmarried fathers are not family members, and thus had no rights of adoption or custody. This is because Article 41.3 says that the family is founded on the institution of marriage. This effectively excludes non-marital families from protection under article 41.

In Murray v Ireland, it was held that a married couple without children are considered a family under article 41. Children are not necessary for family status under the constitution.

In cases such as N v K, DT v DT and Murphy v Attorney General, the courts have expressed the opinion that "marriage", as protected by the constitution, refers to a heterosexual union. There is no specific reason for this in the text of the constitution. The reasoning may be based on the common view of marriage which was generally accepted at the time the constitution was adopted in 1937.

The constitution is available at http://www.taoiseach.gov.ie/upload/static/256.htm