The Minister has told the Sunday Times that “I was only doing my duty” in bringing in the new blasphemy law, and that “there was an incredibly sophisticated campaign [against me], mainly on the internet.”

Atheist Ireland thanks everyone who has helped to make the campaign against this new law as effective as it has been to date. It is now important we maintain the pressure on this issue to ensure that the referendum happens as proposed and, more importantly, that it is won.

We reiterate our position that this law is both silly and dangerous: silly because it is introducing medieval canon law offence into a modern plularist republic; and dangerous because it incentives religious outrage and because its wording has already been adopted by Islamic States as part of their campaign to make blasphemy a crime internationally.

The following is the text of the article in today’s Sunday Times:

Ahern proposes a referendum on scrapping blasphemy law

Dermot Ahern, the justice minister, is proposing that a vote to remove the criminal offence of blasphemy be held as part of a planned series of referendums this autumn, writes Stephen O’Brien.

Ahern, who was criticised for increasing the fine for blasphemy to €25,000 last year, said he never regarded the provision in the new Defamation Bill as anything more than a short-term solution.

“There was a lot of nonsense about that blasphemy issue and people making me out to be a complete right-winger at the time,” he said. “There was an incredibly sophisticated campaign [against me], mainly on the internet. I was only doing my duty in relation to it, because clearly it is in the constitution. The attorney general said ‘there is this absolute, mandatory thing… it is an offence, punishable by law.”

A final decision on a blasphemy referendum rests with the cabinet, but if Ahern remains justice minister after this month’s reshuffle, he is likely to propose that it be added to the autumn list. The government is already committed to referendums on children’s rights and establishing a permanent court of civil appeal.

The plebiscites are expected to take place in October, on the same day as the a vote for a new directly elected mayor of Dublin, and three Dail by-elections in Donegal South-West, Dublin South and Waterford.

“I said [last year] that I didn’t want a wasteful standalone referendum on blasphemy in the middle of an economic crisis,” said Ahern. “My preference was to reform [the blasphemy provision] in the short term and to have a referendum in the medium term when it could be bundled with a number of others.”

A defamation bill was already in preparation when Ahern became justice minister in May 2008.

Ahern then said he had three options: to abandon the bill; to hold a single-issue referendum to remove the constitutional reference to blasphemy; or to update the references in the 1961 Defamation Act.

Opting for reform, he said he had removed the seven-year jail sentence from the old legislation.

Admission is free, and members of the public are welcome.

The theme will be the Atheist Ireland campaigns against the Irish blasphemy law, and for a secular constitution and a secular education system.

The following quote from PZ Myers about the desecration of communion hosts is among the 25 blasphemous quotes that Atheist published a month ago when the Irish blasphemy law became operational:

“You would not believe how many people are writing to me, insisting that these horrible little crackers (they look like flattened bits of styrofoam) are literally pieces of their god, and that this omnipotent being who created the universe can actually be seriously harmed by some third-rate liberal intellectual at a third-rate university… However, inspired by an old woodcut of Jews stabbing the host, I thought of a simple, quick thing to do: I pierced it with a rusty nail (I hope Jesus’s tetanus shots are up to date). And then I simply threw it in the trash, followed by the classic, decorative items of trash cans everywhere, old coffeegrounds and a banana peel.”

While in Ireland, PZ will also be speaking about science and creationism at UCD on Tuesday Feb 2nd, and at NUI Galway on Thursday February 4th, at meetings organised by the UCD Secular Humanist Society and the NUI Galway Skeptic Society and ZooSoc. You can get details on tickets for these events, subject to availability, by emailing ucdhumanistsociety@gmail.com or k.mcinerney3@nuigalway.ie

This new law is both silly and dangerous. It is silly because medieval religious laws have no place in a modern secular republic, where the criminal law should protect people and not ideas. And it is dangerous because it incentivises religious outrage, and because Islamic States led by Pakistan are already using the wording of this Irish law to promote new blasphemy laws at UN level.

We believe in the golden rule: that we have a right to be treated justly, and that we have a responsibility to treat other people justly. Blasphemy laws are unjust: they silence people in order to protect ideas. In a civilised society, people have a right to to express and to hear ideas about religion even if other people find those ideas to be outrageous.

Publication of 25 blasphemous quotes

In this context we now publish a list of 25 blasphemous quotes, which have previously been published by or uttered by or attributed to Jesus Christ, Muhammad, Mark Twain, Tom Lehrer, Randy Newman, James Kirkup, Monty Python, Rev Ian Paisley, Conor Cruise O’Brien, Frank Zappa, Salman Rushdie, Bjork, Amanda Donohoe, George Carlin, Paul Woodfull, Jerry Springer the Opera, Tim Minchin, Richard Dawkins, Pope Benedict XVI, Christopher Hitchens, PZ Myers, Ian O’Doherty, Cardinal Cormac Murphy-O’Connor and Dermot Ahern.

Despite these quotes being abusive and insulting in relation to matters held sacred by various religions, we unreservedly support the right of these people to have published or uttered them, and we unreservedly support the right of any Irish citizen to make comparable statements about matters held sacred by any religion without fear of being criminalised, and without having to prove to a court that a reasonable person would find any particular value in the statement.

Campaign begins to repeal the Irish blasphemy law

We ask Fianna Fail and the Green Party to repeal their anachronistic blasphemy law, as part of the revision of the Defamation Act that is included within the Act. We ask them to hold a referendum to remove the reference to blasphemy from the Irish Constitution.

We also ask all TDs and Senators to support a referendum to remove references to God from the Irish Constitution, including the clauses that prevent atheists from being appointed as President of Ireland or as a Judge without swearing a religious oath asking God to direct them in their work.

If you run a website, blog or other media publication, please feel free to republish this statement and the list of quotes yourself, in order to show your support for the campaign to repeal the Irish blasphemy law and to promote a rational, ethical, secular Ireland.

List of 25 Blasphemous Quotes Published by Atheist Ireland

1. Jesus Christ, when asked if he was the son of God, in Matthew 26:64: “Thou hast said: nevertheless I say unto you, Hereafter shall ye see the Son of man sitting on the right hand of power, and coming in the clouds of heaven.” According to the Christian Bible, the Jewish chief priests and elders and council deemed this statement by Jesus to be blasphemous, and they sentenced Jesus to death for saying it.

2. Jesus Christ, talking to Jews about their God, in John 8:44: “Ye are of your father the devil, and the lusts of your father ye will do. He was a murderer from the beginning, and abode not in the truth, because there is no truth in him.” This is one of several chapters in the Christian Bible that can give a scriptural foundation to Christian anti-Semitism. The first part of John 8, the story of “whoever is without sin cast the first stone”, was not in the original version, but was added centuries later. The original John 8 is a debate between Jesus and some Jews. In brief, Jesus calls the Jews who disbelieve him sons of the Devil, the Jews try to stone him, and Jesus runs away and hides.

3. Muhammad, quoted in Hadith of Bukhari, Vol 1 Book 8 Hadith 427: “May Allah curse the Jews and Christians for they built the places of worship at the graves of their prophets.” This quote is attributed to Muhammad on his death-bed as a warning to Muslims not to copy this practice of the Jews and Christians. It is one of several passages in the Koran and in Hadith that can give a scriptural foundation to Islamic anti-Semitism, including the assertion in Sura 5:60 that Allah cursed Jews and turned some of them into apes and swine.

4. Mark Twain, describing the Christian Bible in Letters from the Earth, 1909: “Also it has another name – The Word of God. For the Christian thinks every word of it was dictated by God. It is full of interest. It has noble poetry in it; and some clever fables; and some blood-drenched history; and some good morals; and a wealth of obscenity; and upwards of a thousand lies… But you notice that when the Lord God of Heaven and Earth, adored Father of Man, goes to war, there is no limit. He is totally without mercy – he, who is called the Fountain of Mercy. He slays, slays, slays! All the men, all the beasts, all the boys, all the babies; also all the women and all the girls, except those that have not been deflowered. He makes no distinction between innocent and guilty… What the insane Father required was blood and misery; he was indifferent as to who furnished it.” Twain’s book was published posthumously in 1939. His daughter, Clara Clemens, at first objected to it being published, but later changed her mind in 1960 when she believed that public opinion had grown more tolerant of the expression of such ideas. That was half a century before Fianna Fail and the Green Party imposed a new blasphemy law on the people of Ireland.

5. Tom Lehrer, The Vatican Rag, 1963: “Get in line in that processional, step into that small confessional. There, the guy who’s got religion’ll tell you if your sin’s original. If it is, try playing it safer, drink the wine and chew the wafer. Two, four, six, eight, time to transubstantiate!”

6. Randy Newman, God’s Song, 1972: “And the Lord said: I burn down your cities – how blind you must be. I take from you your children, and you say how blessed are we. You all must be crazy to put your faith in me. That’s why I love mankind.”

7. James Kirkup, The Love That Dares to Speak its Name, 1976: “While they prepared the tomb I kept guard over him. His mother and the Magdalen had gone to fetch clean linen to shroud his nakedness. I was alone with him… I laid my lips around the tip of that great cock, the instrument of our salvation, our eternal joy. The shaft, still throbbed, anointed with death’s final ejaculation.” This extract is from a poem that led to the last successful blasphemy prosecution in Britain, when Denis Lemon was given a suspended prison sentence after he published it in the now-defunct magazine Gay News. In 2002, a public reading of the poem, on the steps of St. Martin-in-the-Fields church in Trafalgar Square, failed to lead to any prosecution. In 2008, the British Parliament abolished the common law offences of blasphemy and blasphemous libel.

8. Matthias, son of Deuteronomy of Gath, in Monty Python’s Life of Brian, 1979: “Look, I had a lovely supper, and all I said to my wife was that piece of halibut was good enough for Jehovah.”

9. Rev Ian Paisley MEP to the Pope in the European Parliament, 1988: “I denounce you as the Antichrist.” Paisley’s website describes the Antichrist as being “a liar, the true son of the father of lies, the original liar from the beginning… he will imitate Christ, a diabolical imitation, Satan transformed into an angel of light, which will deceive the world.”

10. Conor Cruise O’Brien, 1989: “In the last century the Arab thinker Jamal al-Afghani wrote: ‘Every Muslim is sick and his only remedy is in the Koran.’ Unfortunately the sickness gets worse the more the remedy is taken.”

11. Frank Zappa, 1989: “If you want to get together in any exclusive situation and have people love you, fine – but to hang all this desperate sociology on the idea of The Cloud-Guy who has The Big Book, who knows if you’ve been bad or good – and cares about any of it – to hang it all on that, folks, is the chimpanzee part of the brain working.”

12. Salman Rushdie, 1990: “The idea of the sacred is quite simply one of the most conservative notions in any culture, because it seeks to turn other ideas – uncertainty, progress, change – into crimes.” In 1989, Ayatollah Khomeini of Iran issued a fatwa ordering Muslims to kill Rushdie because of blasphemous passages in Rushdie’s novel The Satanic Verses.

13. Bjork, 1995: “I do not believe in religion, but if I had to choose one it would be Buddhism. It seems more livable, closer to men… I’ve been reading about reincarnation, and the Buddhists say we come back as animals and they refer to them as lesser beings. Well, animals aren’t lesser beings, they’re just like us. So I say fuck the Buddhists.”

14. Amanda Donohoe on her role in the Ken Russell movie Lair of the White Worm, 1995: “Spitting on Christ was a great deal of fun. I can’t embrace a male god who has persecuted female sexuality throughout the ages, and that persecution still goes on today all over the world.”

15. George Carlin, 1999: “Religion easily has the greatest bullshit story ever told. Think about it. Religion has actually convinced people that there’s an invisible man living in the sky who watches everything you do, every minute of every day. And the invisible man has a special list of ten things he does not want you to do. And if you do any of these ten things, he has a special place, full of fire and smoke and burning and torture and anguish, where he will send you to live and suffer and burn and choke and scream and cry forever and ever ’til the end of time! But He loves you. He loves you, and He needs money! He always needs money! He’s all-powerful, all-perfect, all-knowing, and all-wise, somehow just can’t handle money! Religion takes in billions of dollars, they pay no taxes, and they always need a little more. Now, talk about a good bullshit story. Holy Shit!”

16. Paul Woodfull as Ding Dong Denny O’Reilly, The Ballad of Jaysus Christ, 2000: “He said me ma’s a virgin and sure no one disagreed, Cause they knew a lad who walks on water’s handy with his feet… Jaysus oh Jaysus, as cool as bleedin’ ice, With all the scrubbers in Israel he could not be enticed, Jaysus oh Jaysus, it’s funny you never rode, Cause it’s you I do be shoutin’ for each time I shoot me load.”

17. Jesus Christ, in Jerry Springer The Opera, 2003: “Actually, I’m a bit gay.” In 2005, the Christian Institute tried to bring a prosecution against the BBC for screening Jerry Springer the Opera, but the UK courts refused to issue a summons.

18. Tim Minchin, Ten-foot Cock and a Few Hundred Virgins, 2005: “So you’re gonna live in paradise, With a ten-foot cock and a few hundred virgins, So you’re gonna sacrifice your life, For a shot at the greener grass, And when the Lord comes down with his shiny rod of judgment, He’s gonna kick my heathen ass.”

19. Richard Dawkins in The God Delusion, 2006: “The God of the Old Testament is arguably the most unpleasant character in all fiction: jealous and proud of it; a petty, unjust, unforgiving control-freak; a vindictive, bloodthirsty ethnic cleanser; a misogynistic, homophobic, racist, infanticidal, genocidal, filicidal, pestilential, megalomaniacal, sadomasochistic, capriciously malevolent bully.” In 2007 Turkish publisher Erol Karaaslan was charged with the crime of insulting believers for publishing a Turkish translation of The God Delusion. He was acquitted in 2008, but another charge was brought in 2009. Karaaslan told the court that “it is a right to criticise religions and beliefs as part of the freedom of thought and expression.”

20. Pope Benedict XVI quoting a 14th century Byzantine emperor, 2006: “Show me just what Muhammad brought that was new and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached.” This statement has already led to both outrage and condemnation of the outrage. The Organisation of the Islamic Conference, the world’s largest Muslim body, said it was a “character assassination of the prophet Muhammad”. The Malaysian Prime Minister said that “the Pope must not take lightly the spread of outrage that has been created.” Pakistan’s foreign Ministry spokesperson said that “anyone who describes Islam as a religion as intolerant encourages violence”. The European Commission said that “reactions which are disproportionate and which are tantamount to rejecting freedom of speech are unacceptable.”

21. Christopher Hitchens in God is not Great, 2007: “There is some question as to whether Islam is a separate religion at all… Islam when examined is not much more than a rather obvious and ill-arranged set of plagiarisms, helping itself from earlier books and traditions as occasion appeared to require… It makes immense claims for itself, invokes prostrate submission or ‘surrender’ as a maxim to its adherents, and demands deference and respect from nonbelievers into the bargain. There is nothing-absolutely nothing-in its teachings that can even begin to justify such arrogance and presumption.”

22. PZ Myers, on the Roman Catholic communion host, 2008: “You would not believe how many people are writing to me, insisting that these horrible little crackers (they look like flattened bits of styrofoam) are literally pieces of their god, and that this omnipotent being who created the universe can actually be seriously harmed by some third-rate liberal intellectual at a third-rate university… However, inspired by an old woodcut of Jews stabbing the host, I thought of a simple, quick thing to do: I pierced it with a rusty nail (I hope Jesus’s tetanus shots are up to date). And then I simply threw it in the trash, followed by the classic, decorative items of trash cans everywhere, old coffeegrounds and a banana peel.”

23. Ian O’Doherty, 2009: “(If defamation of religion was illegal) it would be a crime for me to say that the notion of transubstantiation is so ridiculous that even a small child should be able to see the insanity and utter physical impossibility of a piece of bread and some wine somehow taking on corporeal form. It would be a crime for me to say that Islam is a backward desert superstition that has no place in modern, enlightened Europe and it would be a crime to point out that Jewish settlers in Israel who believe they have a God given right to take the land are, frankly, mad. All the above assertions will, no doubt, offend someone or other.”

24. Cardinal Cormac Murphy-O’Connor, 2009: “Whether a person is atheist or any other, there is in fact in my view something not totally human if they leave out the transcendent… we call it God… I think that if you leave that out you are not fully human.” Because atheism is not a religion, the Irish blasphemy law does not protect atheists from abusive and insulting statements about their fundamental beliefs. While atheists are not seeking such protection, we include the statement here to point out that it is discriminatory that this law does not hold all citizens equal.

25. Dermot Ahern, Irish Minister for Justice, introducing his blasphemy law at an Oireachtas Justice Committee meeting, 2009, and referring to comments made about him personally: “They are blasphemous.” Deputy Pat Rabbitte replied: “Given the Minister’s self-image, it could very well be that we are blaspheming,” and Minister Ahern replied: “Deputy Rabbitte says that I am close to the baby Jesus, I am so pure.” So here we have an Irish Justice Minister joking about himself being blasphemed, at a parliamentary Justice Committee discussing his own blasphemy law, that could make his own jokes illegal.

Finally, as a bonus, Micheal Martin, Irish Minister for Foreign Affairs, opposing attempts by Islamic States to make defamation of religion a crime at UN level, 2009: “We believe that the concept of defamation of religion is not consistent with the promotion and protection of human rights. It can be used to justify arbitrary limitations on, or the denial of, freedom of expression. Indeed, Ireland considers that freedom of expression is a key and inherent element in the manifestation of freedom of thought and conscience and as such is complementary to freedom of religion or belief.” Just months after Minister Martin made this comment, his colleague Dermot Ahern introduced Ireland’s new blasphemy law.

Atheist Ireland is seeking your help today to launch and shape a new long-term campaign with two important aims: to repeal the new Irish blasphemy law and to attain a secular Irish Constitution. Specifically, we are asking you to do three things: send us a message of support, get actively involved in shaping this project, and lobby to persuade Irish politicians to pursue these policies.

We will soon be holding public meetings around Ireland to launch this campaign. We want it to include religious and nonreligious people working together, within Ireland and with international support. The campaign has one common aim that transcends any other differences we may have: that all Irish citizens, of all beliefs and none, can live together in equality, with the State being neutral on matters of religion.

In recent decades, several independent and all-party committees (most whose members were Christians) have repeatedly called for an end to discrimination against nonreligious citizens in our Constitution. Not only has this not been done, but a new religious crime has now been created. The blasphemy law is the final straw. We need a secular Irish Constitution, and we need it now. Please help to make this happen.

Our Immediate Aim: Repeal the Blasphemy Law

The Defamation Act 2009 makes blasphemy a crime punishable by a €25,000 fine, after the Minister for Justice signs the commencement order in mid-October. Blasphemy is defined as “matter that is 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” with safeguards to make it harder to prosecute.

Regardless of the detail, it is wrong in principle for a modern democratic republic to have any type of blasphemy law. Theological thought-crimes belong in the past. Religious and nonreligious people alike should be protected from harm and incitement to harm, but religious and nonreligious ideas alike should be open to any criticism. That is how human knowledge progresses. Blasphemy laws discriminate against nonreligious citizens, by protecting the fundamental beliefs of religious citizens only.

This law also has serious international impacts. Irish citizens could face blasphemy charges elsewhere under the European Arrest Warrant. Also, Islamic States are lobbying at the UN to make defamation of religion a crime internationally. Ireland has voted along with the other EU States against this, because Islamic States can use blasphemy laws to justify religious persecution. These Islamic States can now point to a modern pluralist Western State passing a new blasphemy law in the 21st century.

Our Overall Aim: A Secular Irish Constitution

We have a blasphemy law because the Irish Constitution of 1937 says we should have one. And our Constitution also discriminates against nonreligious citizens in many other ways. For example, you cannot become President or a Judge unless you take a religious oath asking God to direct and sustain your work. So up to a quarter of a million Irish people cannot hold these offices without swearing a lie. This is contrary to Ireland’s obligations under the UN Covenant on Civil and Political Rights.

The Preamble states that all authority of the State comes from, and all actions of the State must be referred to, the Most Holy Trinity. Article 44 states that the homage of public worship is due to Almighty God and that the State shall hold His Name in reverence. This is not merely an assertion of the right of citizens to worship this god. It is an assertion of the right of this god to be worshipped by citizens.

The Constitution also contains many other references to this god and to religion generally. Our national parliament reflects this by starting each day’s business with a prayer explicitly asking the Christian God to direct all of their actions. Under this guidance, they have legislated for many public policies that are heavily influenced by religion.

We should be removing these 1930s religious references from our Constitution, not creating new crimes to enforce them seventy years later. A modern secular Constitution would allow all citizens, whether religious or nonreligious, to live together as equals with the State being neutral on matters of religion.

Our Request to You: Please Help This Campaign

The blasphemy law is the final straw. We now need a secular Irish Constitution. We will soon be holding public meetings around the country to shape this campaign for equality for and by all Irish citizens, of any or no religious beliefs. But we will be much more likely to succeed if we have national and international support.

Here are three ways that you can help:

• One, please send us a message of support. Just a few lines will do. We want to be able to show that there is a wide support for these ideals.
• Two, please let us know if you would like to get actively involved in any way. You are more than welcome to help shape how this project evolves.
• Three, in whatever way you can, please help to lobby Irish politicians at national and international level to implement these policies.

This will be a lengthy campaign, but a very worthwhile one that you can be proud to have played your part in. We look forward to working alongside you to build an ethical and secular Ireland.

“The Act is subject to a commencement order. It is intended to commence all provisions of the Act simultaneously. However, it is not possible to make a commencement order at present as the Circuit and Superior Court Rules need to be amended to accommodate a number of procedural changes in the new legislation. It is not possble to give an exact date yet for commencement of the Act but it is expected to be mid to late October.”

The Minister has the option of commencing different parts of the Act at different times. Atheist Ireland will continue to ask him to delay commencing the blasphemy sections, until such time as a referendum can be held to remove the reference to blasphemy from the Constitution.

Atheist Ireland will now campaign for the repeal of this anachronistic and dangerous blasphemy law, and for a referendum to remove the blasphemy reference from the Irish Constitution, as part of our wider campaign for an ethical and secular Ireland.

We call on the Minister for Justice to delay signing the order that would make the blasphemy sections of the Defamation Act operable, until such time as a referendum can be held to remove the reference to blasphemy from the Constitution.

Ministerial Order

The Minister has the power to sign different provisions of the Act into law at different times.

He has already said that he does not want blasphemy to be illegal. He repeatedly told the Oireachtas that he only included the blasphemy sections into the Defamation Act because he was advised that he was constitutionally obliged to do so, and that to not do so would result in him having to withdraw the entire Defamation Bill.

The Minister has now satisfied the obligation that he stated himself to be under, and he has also succeeded in his more important stated aim of passing the Defamation Act. He should now delay making operable the sections of the Act that he says he does not want to be illegal, and give the Irish people the opportunity to address the issue by referendum.

Constitutional Issues

A citizen charged with blasphemy can still challenge the constitutionality of this law.

• It is inconsistent with the guarantees in our Constitution of freedom of equality, freedom of conscience and religion and freedom from religious discrimination.
• It reverses the burden of proof to the defendant in a criminal trial, and it does not meet the standard of prevention of public disorder that made the old English blasphemy law compatible with the European Convention of Human Rights.
• The definitions in the law are too vague to allow citizens to regulate their conduct, and it could make it unlawful for a religious citizen to inform his co-religionists about a statement he believes to be blasphemous.

Original Concerns

As well as the constitutional issues, our original concerns with this law still remain.

• It does not protect religious belief; it incentivizes outrage and it criminalises free speech. Instead of incentivizing outrage, we should be educating people to respond in a more healthy manner than outrage when somebody expresses a belief that they find insulting.
• It treats religious beliefs as more valuable than secular beliefs and scientific thinking. There is no equivalent of a blasphemy law for scientific ideas. We should respect people as individuals, but beliefs as abstract ideas should always be open to scrutiny and challenge.
• We should be removing 1930s religious references from the Irish Constitution, not legislating to enforce them. For example, conscientious Irish atheists are precluded from becoming President or judges because of the religious oath in the constitution.

Today we begin our campaign for the repeal of this law, as part of our wider campaign for an ethical and secular Ireland.

• The law is contrary to the guarantees of equality under the law enshrined in Article 40.1 of the Irish Constitution, and of freedom of conscience and religion enshrined in Article 44.2.
• The law is contrary to Article 44.2.3 of the Irish Constitution, which says that the State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.
• The law shifts the burden of proof to the defendant in contravention of Article 38 of the Constitution, and of Schedule 1, Article 6, 2. and 3(a) of the European Convention on Human Rights Act, 2003.
• The law does not meet the standard of prevention of imminent public disorder that made the old English blasphemy law compatible with the European Convention of Human Rights.
• The definitions in the law are too vague to allow citizens to regulate their conduct, and it could make it unlawful for a religious citizen to inform his co-religionists about a statement he believes to be blasphemous.

Here is the full content of our letter:

Cover Letter

Dear President McAleese,

I write as Chair of Atheist Ireland, an advocacy group for an ethical and secular Ireland. We ask you to consider our concerns about sections 36 and 37 of the Defamation Bill 2006, to raise them during your consultation with the Council of State, and to refer these sections to the Supreme Court for a decision on their constitutionality.

The contents of our submission are as follows:

1. Preface

2. Section 36(2)
2.1. Equality and Freedom of Conscience
2.2. Outrage versus Public Disorder
2.3. Vagueness of Definitions

3. Section 36(3)
3.1 Burden of Proof

4. Section 36(4)
4.1. Freedom of Religion and from Discrimination

5. Conclusion

We are not seeking to convince you that our arguments are necessarily correct; merely that they raise sufficient concerns to warrant you referring the matter to the Supreme Court, so that all of the arguments for and against can be teased out in appropriate detail.

The Constitutionality of the new Blasphemy Law

1. Preface

Please consider that you as President, the Council of State, and the Supreme Court judges, may have a conflict of interest in this matter. You will be considering the religiously inspired offence of blasphemy, and you have all taken office by making religious declarations which, in the case of you and the judges, include the request that “God direct and sustain” you. Please also consider that this exclusionary declaration precludes any of our members, as conscientious atheist Irish citizens, from holding any of the offices that will ultimately decide on this matter. In this context, we ask you to take particular note of our concerns.

2. Section 36 (2)

This states that a person publishes or utters blasphemous matter if (a) he or she publishes or utters matter that is 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, and (b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.

2.1. Equality and Freedom of Conscience

We believe this is contrary to the guarantees of equality under the law enshrined in Article 40.1, and of freedom of conscience and religion enshrined in Article 44.2.

The Christian nature of significant parts of the Constitution suggests that its framers, while respecting the right of citizens to believe in no gods or false gods, nevertheless saw the concept of blasphemy as protecting only the Christian religion. The old common law crime of blasphemy seems not to have survived the transition to the new Constitution, as it conflicted with the rights to equality and freedom of conscience and religion.

In the 1999 Corway v Independent case, Barrington J said that: “It would appear that the legislature has not adverted to the problem of adapting the common law crime of blasphemy to the circumstances of a modern State which embraces citizens of many different religions and which guarantees freedom of conscience and a free profession and practice of religion.”

This passage suggests that merely defining the old common law offence, or redefining a similarly discriminatory offence, would not pass constitutional muster: it has to be “adapted” to the circumstances of a modern State. The current Defamation Bill attempts to move towards this by redefining blasphemy as protection from outrage and extending such protection to citizens of any religion. However, in doing so, it arbitrarily excludes such protection from citizens who have a fundamental belief system based on no religion (or indeed based on a religion which a court rules not to be a religion.)

Is this constitutional? Returning to the 1999 Corway v case, the Supreme Court found that the Constitution guarantees freedom of conscience, religion and equality before the law to “all citizens, be they Roman catholics, Protestants, Jews, Muslims, agnostics or atheists.” The 1996 Constitutional Review Group noted that Walsh J had said in 1974 that this includes the right “to have no religious beliefs or to abstain from the practice or profession of any religion.” The Review Group concluded that “the guarantee probably also extends to philosophical beliefs such as humanism and may possibly also extend to other moral and ethical belief systems such as vegetarianism.”

Also, Article 44.2.3 says that the State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status. This subsection provides for just such disabilities and discrimination against those Irish citizens whose religious status is that they are not religious.

2.2. Outrage versus Public Disorder

In 2007, the English High Court examined whether the (now abolished) common law against blasphemous libel was compatible with Article 10 of the European Convention of Human Rights. The case was R (on the application of Green) v The City of Westminster Magistrates Court [2007] EWHC 2785

In that case, the English High Court held that it was the prevention of imminent public disorder that made the old English blasphemy law compatible with the EHCR. But there is a big difference between the concept of “causing outrage” (which is what our Bill outlaws) and the risk of public disorder. That is particularly so with our Bill, where a potential defence exists of proving that blasphemous matter has artistic or other value.

This could lead to a situation where blasphemous matter was published, and it caused a reaction that went beyond causing outrage and did actually lead to public disorder, yet a defence would exist that could make it irrelevant that actual public disorder had been caused. So clearly this law is not intended to prevent public disorder.

If the Irish Supreme Court applies the same criteria to the constitutionality of this Bill, as the English High Court did to the compatibility of the English law with the EHCR, then this Bill could be unconstitutional.

(Note: thanks to Eoin O’Dell for bringing this argument to our attention.)

2.3. Vagueness of Definitions

This law is too vague to enable citizens to regulate their conduct. Unspecified matter is declared to be “grossly abusive” and “insulting” without clarifying who or what is being “grossly abused” or “insulted”. The phrase “in relation to matters” is an abstraction conveying the victimless concept of blasphemous matter being matter that abuses other matter. How can any citizen possibly know all of the “matters” that may be “held sacred” by “any” or indeed all “religions”?

What is Gross Abuse and Insult?

How are “gross” “abuse” and “insult” and their impact on “outrage” to be measured? Is it based on the sensitivities of a hypothetical reasonable person, or of an aggrieved religious adherent? If the latter, the provisions are self-conflicting in that religions have different gods, each the only true god, so matters held sacred by one religion could cause outrage to adherents of other religions.

(For example, if a fundamentalist Protestant preacher called the Pope the Antichrist, a substantial number of Roman Catholics might be outraged. Yet to charge such a person with blasphemy would surely be contrary to the constitutional guarantees of freedom of conscience and religion.)

What is a Substantial Number?

What is “a substantial number of adherents” of a religion? Is it an actual number, or a proportion? If it is an actual number, then the law discriminates against adherents of smaller religions. If it is a proportion, then the law discriminates against adherents of larger religions. Both are contrary to Article 44.2.3 of the Constitution.

(For example, the latest census lists 504 Baha’is and 3.68m Roman Catholics. If “a substantial number” is an actual number, then the law discriminates against Baha’is by making it much easier to blaspheme against their sacred beliefs, and if the number is higher than 504 then it is actually legal to blaspheme against their beliefs. On the other hand, if “a substantial number” is a proportion of adherents of a religion, say 10%, then fifty Baha’is would have more legal protection than would 350,000 Roman Catholics.)

Who is Deemed to Cause Outrage?

The phrase “intends to cause such outrage” seems to be based on a 1991 suggestion by the Law Reform Commission. They recommended deleting blasphemy from the Constitution, and suggested a fall-back position that defined blasphemy as “matter the sole effect of which is likely to cause outrage…” The definition in this new law excludes the word “sole” and thus makes a far wider range of matter potentially blasphemous.

Using the broader definition in this law, if a religious citizen was outraged by matter that he believed to be blasphemous, he would be outlawed from bringing that matter to the attention of other adherents of his religion, because he in turn would have to publish the matter to them in order to do so. This is contrary to the constitutional right of freedom of expression.

(For example, if the Danish cartoon incident was to be repeated here, and if the cartoons were found to be blasphemous, then the Muslim campaigners who republished the cartoons, by bringing them to the attention of other Muslims, would themselves be guilty of publishing or uttering blasphemous matter. They would not be saved by the defence in section 36(2)(b) as they clearly would have intended to cause outrage among their fellow Muslims. Nor would they be saved by the defence in section 36(3) as that refers to the value being inherent in the matter itself, not in the motivation for publishing or uttering it.)

3. Section 36 (3)

This states that it shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.

3.1. Burden of Proof

This subsection shifts the burden of proof to the defendant in contravention of the accepted interpretation of Article 38 of the Constitution, and of Schedule 1, Article 6, 2. and 3(a) of the European Convention on Human Rights Act, 2003. It makes the defendant, in a criminal case, prove his or her innocence by reference to the imagined thoughts of a non-existent person.

On the other hand, if this burden of proof were to be set very low, even to the extent of being in effect reversed, then, ultimately, the crime that this law would create is that of publishing or uttering matter that has no genuine literary, artistic, political, scientific, or academic value. Otherwise, you could cause outrage or even public disorder, and you would not be convicted under this law.

So the higher the burden of proof, the more the presumption of innocence is undermined; and the lower the burden of proof, the more the requirement to prevent public disorder (as a reason for restricting freedom of expression) is undermined.

4. Section 36 (4)

This states that “religion” does not include an organisation or cult (a) the principal object of which is the making of profit, or (b) that employs oppressive psychological manipulation (i) of its followers, or (ii) for the purpose of gaining new followers.

4.1. Freedom of Religion and from Discrimination

Article 44 guarantees freedom of religion, whilst Article 44.2.3 says that the State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status. Yet this subsection specifically imposes disabilities and discriminates against some citizens of minority or no religions, on exactly these grounds.

This subsection also arbitrarily describes some religions as cults, without defining either religion or cult (In our opinion, ‘cult’ is a label that adherents of a large religion give to a small religion). In the context of examining “matters held sacred”, it should not be the role of the Courts to determine what is or is not a religion.

In the 1979 McGrath and O Ruairc v Maynooth college case, Henchy J found that “the primary aim of the constitutional guarantee is to give vitality, independence and freedom to religion”. In the 1999 Corway v Independent blasphemy case, the Supreme Court ruled that, under the Constitution, “the State is not placed in the position of an arbiter of religious truth. Its only function is to protect public order and morality”.

Making profit is not contrary to public order or morality. Why should a religion not have the principal object of making profit, if its God reveals a divine instruction to do so? Article 44.2.5 of the Constitution says that every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions.

The final clause could see Roman Catholicism deemed to be not a religion. Its Church employs oppressive psychological manipulation by, for example, threatening children who have yet to reach the age of reason with psychologically terrifying ideas such as the Devil and Hell, both in its teachings and as part of compulsory instruction in our schools.

5. Conclusion

Finally, we ask you to consider that all judges of the State have the same conflict of interest as yourself on this matter. In principle, how is it possible for a person charged with blasphemy in Ireland to get a fair trial, when all of the available judges have asked a specific God to direct them in their work?

In spite of the numerous conflicts, contradictions and illogicalities in the Bill, on behalf of Atheist Ireland, I ask that you refer this Bill to the Supreme Court to rule on its constitutionality.

Introduction and opening speech by Senator Ivana Bacik

Second half of opening speech by Senator Ivana Bacik

Messages of support from Richard Dawkins, Father Ted writers and EHF

Why has Dermot Ahern, in 2009, made blasphemy a crime punishable by a fine of €25,000? When this anachronistic part of the now Defamation Act is signed into law (it passed through the Oireachtas last night but only on the casting vote of the chair of the Seanad), Atheist Ireland will quickly test it by publishing a blasphemous statement. People need protection from harm, but ideas and beliefs should always be open to challenge.

Silly and dangerous

The new law is both silly and dangerous. It is silly because it revives a medieval religious crime in a modern pluralist republic. And it is dangerous because it incentivises religious outrage, by making it the first trigger for defining blasphemy.

The problematic behaviour here is the outrage, not the expression of different beliefs. Instead of incentivising outrage, we should be educating people to respond in a more healthy manner than outrage when somebody expresses a belief that they find insulting.

The law also discriminates against atheist citizens by protecting the fundamental beliefs of religious people only. Why should religious beliefs be protected by law in ways that scientific or political or other secular beliefs are not?

Background

Here’s the background. The Constitution says that blasphemy is an offence that shall be punishable by law. That law currently resides in the 1961 Defamation Act. Because he was repealing this Act, Ahern said he had to pass a new blasphemy law to avoid leaving “a void”.

But this “void” was already there. In 1999, the Supreme Court found that the 1961 law was unenforceable because it did not define blasphemy. In effect, we have never had an enforceable blasphemy law under the 1937 Constitution.

After several retreats, Ahern claimed both that he had to propose this law in order to respect the Constitution, and also that he was amending it to “make it virtually impossible to get a successful prosecution”. How is that respecting the Constitution?

Consequences

This type of “nod and wink” politics brings our laws, and our legislature, into disrepute. In practice, we cannot be certain how our courts will interpret unnecessary laws, as we discovered after the abortion referendum.

Also, the matter might be taken out of our hands. In 2005, the Greek courts found a book of cartoons to be blasphemous, and issued a European arrest warrant for the Austrian cartoonist who drew them. This can be done if the same crime exists in both jurisdictions.

Instead, we should remove the blasphemy reference from the Constitution by referendum. Many independent bodies have advised this, including the Council of Europe in a report last year co-written by the director general of the Irish Attorney General.

Referendum

We could do this on October 2nd, the same day as the Lisbon referendum. It could be the first step towards gradually building an ethical and secular Ireland. We should be removing all of the 1930s religious references from the Constitution, not legislating to enforce them.

The preamble to our Constitution states that all authority of the State comes from a specific god called the Most Holy Trinity. It also humbly acknowledges all of the obligations of the people of the State to a specific god called Our Lord Jesus Christ.

Up to a quarter of a million Irish atheists cannot become President or a judge unless they take a religious oath. These religious declarations are contrary to Ireland’s obligations under the UN International Covenant on Civil and Political Rights.

The Constitution also states that the homage of public worship is due to Almighty God. This is much more than an assertion of the right of citizens to worship this god. It is an assertion of the right of this god to be publicly worshipped by citizens.

Our parliament recognises the rights of this god by praying to it every day. This prayer explicitly asks this god to direct the actions of our parliamentarians, so that their every word and work may always begin from and be happily ended by Christ Our Lord.

Secular Ireland

Atheist Ireland is an advocacy group that campaigns for an ethical and secular Ireland, where the State does not support or fund or give special treatment to any religion. As well as a secular Constitution, we want to see a secular education system.

Most primary schools in the Republic of Ireland are privately run denominational schools with a religion-integrated curriculum. This denies most children access to a secular education. It also affects teachers who are not religious.

We are also launching a campaign encouraging people to read the Bible and other sacred books. Objectively reading the Bible is one of the strongest arguments for rejecting the idea of gods as intervening creators or moral guides.

We will be holding our first annual general meeting from 2pm to 5pm this Saturday, in Wynn’s Hotel in Dublin. Members of the public are invited, if you want to help our campaign to repeal the blasphemy law and to build an ethical and secular Ireland.