Ireland's Vote to Remove Blasphemy from Constitution and the Asia Bibi Case

by Pearl Goldman, Jurist

In a referendum held on October 26, 2018, the people of Ireland voted to amend the Irish Constitution to remove the word blasphemy from Article 40.6.1, which declared that "[t]he publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law." This constitutional change enables the Oireachtas, Ireland's National Parliament, to change statutory law so that blasphemy is no longer a crime. It also represents the most recent advance in this predominantly Catholic country toward a more secular society. Same-sex marriage and abortion were legalized in two earlier referenda. And it might constitute an important step in undoing some of the unintentional international consequences of Ireland's criminalization of blasphemy.

Ireland's blasphemy ban was enshrined in the constitution in 1937, during an era when church and state were seen as a single entity and defaming the established religion was tantamount to treason. Corresponding definitions and penalties were enacted in the 2009 Defamation Act. In contrast to Article 40.6.1 of the constitution, which had protected only Christians from blasphemy, the 2009 Act was designed to protect all religions. The Act defined blasphemy as "publishing or uttering matter that is grossly abusive or insulting in relation to matters sacred by any religion, thereby intentionally causing outrage among a substantial number of adherents of that religion, with some defenses permitted." However, it was widely believed that the Act did no more than give lip service to the constitutional requirement that blasphemy be declared a crime because, on any fair reading, the statutory provision was unenforceable.