November 1992 Irish constitutional referendums

Three referendums were held simultaneously in Ireland on 25 November 1992, each on a proposed amendment of the Irish constitution. They were enumerated as the twelfth, thirteenth and fourteenth amendments.

The proposed twelfth and thirteenth amendments were held to reverse differing elements of the Supreme Court's decision in the X case in which the Supreme Court held that a risk of suicide by a pregnant woman could constitute a risk to her health which would justify an abortion, and that the courts had to power to grant an injunction preventing a pregnant woman from travelling abroad for an abortion. The fourteenth amendment also related to abortion and was introduced to reverse decision by the courts in the abortion information cases. In these cases — beginning with Attorney-General (Society for the Protection of the Unborn Child) v Open Door Counselling Ltd.[1] — the courts had granted injunctions preventing individuals from distributing contact information for foreign abortion clinics.

The proposed twelfth amendment was rejected by the electorate while both the thirteenth and fourteenth passed.

Twelfth amendment
Main article: Twelfth Amendment of the Constitution Bill 1992

The Twelfth Amendment proposed that the possibility of suicide was not a sufficient threat to justify an abortion. The wording of the proposed amendment was:

It shall be unlawful to terminate the life of an unborn unless such termination is necessary to save the life, as distinct from the health, of the mother where there is an illness or disorder of the mother giving rise to a real and substantial risk to her life, not being a risk of self-destruction.[2]

The proposal was rejected.

Twelfth Amendment of the Constitution of Ireland Bill, 1992[3]
Choice Votes %
No 1,079,297 65.35
Yes 572,177 34.65
Valid votes 1,651,474 95.28
Invalid or blank votes 81,835 4.72
Total votes 1,733,309 100.00
Registered voters and turnout 2,542,841 68.16

Thirteenth amendment
Main article: Thirteenth Amendment of the Constitution of Ireland

The Thirteenth Amendment specifies that the prohibition of abortion would not limit freedom of travel from Ireland to other countries where a person might legally obtain an abortion. The wording of the proposed amendment was:

This subsection shall not limit freedom to travel between the State and another state.[2]

The proposal was approved.

Thirteenth Amendment of the Constitution of Ireland referendum[3]
Choice Votes %
Yes 1,035,308 62.39
No 624,059 37.61
Valid votes 1,659,367 95.71
Invalid or blank votes 74,454 4.29
Total votes 1,733,821 100.00
Registered voters and turnout 2,542,841 68.18

Fourteenth amendment
Main article: Fourteenth Amendment of the Constitution of Ireland

The Fourteenth Amendment specifies that Irish citizens have the freedom to pursue and learn about abortion services in other countries. The wording of the proposed amendment was:

This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.[2]

The proposal was approved.

Fourteenth Amendment of the Constitution of Ireland referendum[3]
Choice Votes %
Yes 992,833 59.88
No 665,106 40.12
Valid votes 1,657,939 95.70
Invalid or blank votes 74,494 4.30
Total votes 1,732,433 100.00
Registered voters and turnout 2,542,841 68.13
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See also

References
  1. [1988] IR 593.
  2. Cacciaguidi-Fahy, Sophie (2005). "The substantive Issue and the Rhetoric of the Abortion Debate in Ireland". In Wagner, Anne; Summerfield, Tracey; Benavides Vanegas, Farid Samir (eds.). Contemporary Issues of the Semiotics of Law. Oxford: Hart Publishing. p. 154. ISBN 1841135453. Retrieved 26 May 2018.
  3. "Referendum Results" (PDF). Department of the Environment, Community and Local Government. Archived from the original (PDF) on 24 December 2014. Retrieved 14 August 2014.
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