Vote on whether to decriminalise blasphemy coincides with presidential election on Friday

This article is more than 1 year old

This article is more than 1 year old

Irish voters will decide on Friday whether to remove a clause in the country’s constitution that makes blasphemy a criminal act. A yes vote in the referendum would be a further sign of the diminishing influence of the church in the once staunchly Catholic country.

The referendum is being held alongside the presidential election, in which the incumbent, Michael D Higgins, is expected to win a second term. It follows May’s landslide referendum vote in favour of removing a constitutional clause effectively outlawing abortion.

The last prosecution for blasphemy in Ireland was in 1855, but three years ago Irish police investigated comments made by Stephen Fry on television in which the comedian described God as “capricious”, “mean-minded”, and an “utter maniac”. The investigation was later dropped after Gardaí decided insufficient numbers of people had been outraged.

Voters will be asked whether they want to remove the word blasphemy from a clause in the 1937 constitution that says: “The publication or utterance of blasphemous, seditious or indecent matter is an offence which shall be punishable in accordance with law.”

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Last week, a poll conducted for the Irish Times found that 51% of respondents said they would vote in favour of removing the offence of blasphemy, 19% said they would vote to retain it, 25% were undecided and 4% said they would not vote.

Earlier this month, the Irish Catholic church said the blasphemy provision was “largely obsolete”, and that such laws had been used “to justify violence and oppression against minorities in other parts of the world”.

However, it added, the right of people to practise their faith without being attacked or ridiculed “needs to be acknowledged and respected”.

Its stance was echoed by the Church of Ireland, part of the Anglican communion, which also said: “There is a fundamental human right to freedom of religion, but also the freedom of expression (within limits).”

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Amnesty and the Irish Council for Civil Liberties this week issued a joint appeal for a yes vote in the referendum.

Liam Herrick, ICCL’s director, said: “Freedom of expression is at the heart of our democracy and that must include allowing all speech that challenges, or even ridicules, ideas or institutions.

“Criminalising blasphemy has no place in a modern democracy such as ours. Irish people don’t want criminal prosecution for those who call into question the authority of religious teachings.”

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Although the blasphemy clause was enshrined in the constitution more than 80 years ago, when the Catholic church wielded significant influence in the nascent state, it was reinforced in the 2009 Defamation Act. Under the law, an offence is committed if someone publishes or voices material “grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion”.