Editing Constitution of Ireland (section)

===Non-traditional family units===
Article 41.1.1° of the Constitution "recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing [[Natural right|inalienable and imprescriptible rights]], antecedent and superior to all [[positive law]]", and guarantees its protection by the state. The [[Thirty-fourth Amendment of the Constitution of Ireland|34th amendment]] in 2015 mandated recognition of [[Same-sex marriage in the Republic of Ireland|same-sex marriage in Ireland]]. A [[2024 Irish constitutional referendums|referendum in March 2024]] rejected [[Thirty-ninth Amendment of the Constitution (The Family) Bill 2023|a proposed amendment]] which would have deleted a claim that the family is founded on marriage and amended Article 41.1.1° so as to recognise "the Family, "whether founded on marriage or on other durable relationships".

A consequence of Article 41 is that non-marital family unit members are not entitled to any of the encompassed protections, including those under the realms of tax, inheritance, and social welfare, granted by Article 41. For example, in ''State (Nicolaou) v. An Bord Uchtála'' (1966),<ref>''State (Nicolaou) v. An Bord Uchtála'' [1966] I.R. 567</ref> where an unmarried father, who had become estranged from the mother of his child some months after living and caring for the same child together, was prevented from invoking the provisions of Article 41 to halt the mother's wishes of putting the child up for [[adoption]]. [[Supreme Court of Ireland|Supreme Court]] Justice [[Brian Walsh (judge)|Brian Walsh]] stated that "the family referred to in [Article 41 was] the family which is founded on the institution of marriage".