Rossa Fanning said the possibility is “under discussion” and might be added to the already proposed vote for November on the protection of the mother in the home clause.

Article 41 recognises the family as the “natural primary and fundamental unit group of society”, while 41.3 mentions “marriage, on which the family is founded”.

A Citizens’ Assembly recommended in mid-2021 that the article should be amended to clarify that family life not limited to the “marital family”.

The Supreme Court was hearing an appeal from a man who was refused the Widower’s (Contributory) Pension following the death of his partner of more than 20 years with whom he had three children. The man was neither married to nor a civil partner of the woman. He is claiming he and his children are being discriminated against.

Last October the High Court’s Mr Justice Mark Heslin dismissed the case.

In appealing to the Supreme Court, the man has sought to widen the grounds of his original case, claiming it represents ‘discrimination’ between marital and non-marital children.

The AG said this point may be affected by a vote of the public come November.