Fifth Amendment of The Constitution of Ireland - Viewpoint in The 1970s

Viewpoint in The 1970s

By 1972 an article once condemned by critics as liberal and indeed by some as offensive to Catholicism, had come to be seen as out of place, dated, and potentially discriminatory to Protestants. The "special position" of the Catholic Church had granted to that church, albeit in an undefined manner, was a special status that was out of step with post-Vatican II Catholic thinking on the relationships between the churches. The Protestant churches, though they had declined in adherents, were more outspoken and willing to express their unhappiness than they had been in the Ireland of the 1920s and 1930s, when many were fearful that criticism of the Irish state would be seen as criticism of Irish independence and so implicitly a preference for the British regime that had ruled Ireland before 1922.

In addition, in the rapprochement between Northern Ireland and what was now known as the Republic of Ireland, many southerners perceived the "special position" as a barrier between a north-south relationship and even a potential source of discrimination against minorities. In addition the explicit recognition of certain denominations was seen as unnecessary because of the provisions Article 44.2 which contains guarantees of freedom of worship and against religious discrimination. Though the changes shown above are those made to the English language version of the constitution, constitutionally it is the Irish text that takes precedence.

This Fifth Amendment was introduced by the Fianna Fáil government of Jack Lynch and supported by every other major political party. The Catholic Church did not voice any objection to the amendment but it was opposed by some conservative Catholics. Some leading members of the Church of Ireland and the Jewish Community said during the campaign that while they appreciated the Article's recognition of their existence (and in the case of the Jewish Community, their right to exist, in contrast to anti-Jewish laws in other states) in 1937, it was no longer needed in the 1970s and had lost its usefulness.

The referendum on the amendment occurred on the same day as the referendum on the Fourth Amendment which lowered the voting age to eighteen. The Fifth Amendment was approved by 721,003 (84.4%) in favour and 133,430 (15.6%) against.

Having completed its passage through the Oireachtas and been adopted by the people, it was enacted by being signed into constitutional law by the President of Ireland, the man who had drafted the original article, Éamon de Valera.