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Explainer: What is the upcoming blasphemy referendum about?

Nearly one in three voters are unsure how they’ll vote in the referendum on 26 October.

IT’S JUST UNDER five weeks until Ireland goes to the polls to decide who’ll be the country’s next President.

But while the Áras race has been grabbing headlines in recent weeks, the referendum on the Thirty-seventh Amendment to the Constitution also takes place on 26 October.

If passed, the referendum would see the removal of the offence of blasphemy that’s currently contained in the Irish Constitution.

The Dáil passed legislation to allow the referendum to take place earlier this week, but a recent poll revealed that almost a third of voters are still undecided as to how they’ll vote.

So what exactly are the public being asked to vote on? And what will change if the referendum passes?

Here we take a look…

What is ‘blasphemy’ and why is it in the Irish Constitution?

In plain English, blasphemy is defined as being insulting or offensive towards, or showing contempt for, God or sacred things.

What constitutes blasphemy can be varied and depend on one’s religion, but examples include the burning of a Bible (for Christians) or drawing the Prophet Mohammed (for Muslims).

The word “blasphemous” appears in Article 40.6.1˚i of the Constitution, which reads:

The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.

It was included in the Constitution in 1937, when Ireland asserted its sovereignty over the United Kingdom and replaced the common law offence of blasphemous libel (which applied only to Christianity).

Later, the Government also made blasphemous libel punishable by seven years in prison or a £500 fine under Section 13 of the Defamation Act 1961, although what constituted blasphemy was still not defined.

In 1999, the offence was deemed incompatible with the Constitution’s guarantee of religious equality, so a new offence of “publication or utterance of blasphemous matter” against any religion was added to the 2009 Defamation Act.

Why is a referendum to remove the offence of blasphemy being held?

In 2013, the Constitutional Convention recommended that the offence of blasphemy should be replaced with a general provision regarding incitement to religious hatred.

Under the confidence-and-supply arrangement agreed in 2016, the government therefore committed to holding a referendum on the removal of blasphemy from the Constitution.

When the referendum was launched earlier this year, Minister for Justice Charlie Flanagan said its passing would be an “important step” for Ireland’s international reputation.

“By removing this provision from our Constitution, we can send a strong message to the world that laws against blasphemy do not reflect Irish values and that we do not believe such laws should exist,” he said.

What will happen if the referendum passes?

If passed, the Thirty-seventh Amendment would see the word “blasphemous” removed from Article 40.6.1˚i of the Constitution.

The Thirty-seventh Amendment of the Constitution (Repeal of offence of publication or utterance of blasphemous matter) Bill 2018 says the article would be amended as follows: 

  • “seditious” shall be substituted for “blasphemous, seditious,” in paragraph i of subsection 1° of section 6 of the English text

Therefore, the Constitution would read: 

The publication or utterance of seditious or indecent matter is an offence which shall be punishable in accordance with law.

However, the exact wording of the referendum question has yet to be published. 

The draft legislation also proposes the repeal of sections 36 and 37 of the Defamation Act 2009, introduced by Ahern.

What are the polls suggesting?

At the moment, it seems likely that the referendum will pass.

An opinion poll for RTÉ’s Claire Byrne Live, held in conjunction with TheJournal.ie, found that the majority of people (54%) would vote to remove the offence of blasphemy from the Constitution, compared with just 17% of those who said they would vote ‘No’.

More respondents across all age groups, social classes and genders said they would vote ‘Yes’ than ‘No’.

Men (59%) were more likely to vote ‘Yes’ than women (49%), while those aged 18-24 were less likely to vote ‘Yes’ (48%) than all other age groups, including those over 55 (51%).

More people aged 18-24 (22%) also said they would vote not to remove blasphemy than any other age group, followed by those over 55 (21%).

Meanwhile, well-off voters (20%) said they were more likely to vote against the referendum than those less well-off (13%).

Around 29% said they do not know how they will vote, including more than a third of women and those aged 35-44 (both 35%).

While none of these could bring enough of a swing towards a ‘No’ vote as it stands, there’s still over a month of campaigning and debating to go before referendum day.

In other words, there could be plenty of ground still left to run.

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34 Comments
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    Mute Mary Costello
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    Sep 23rd 2018, 7:44 AM

    Finally we get a chance to remove this backward, outdated law from our constitution. Countries such as Pakistan have used Ireland as an example when referencing ‘blasphemy law’s’. I for one will vote to remove this toxic law that has no place in modern society.

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    Mute Roger Camp
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    Sep 23rd 2018, 8:11 AM

    @Mary Costello: when you suffer at the hands of the religion of peace, you will regret the above statement

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    Mute Michael
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    Sep 23rd 2018, 9:15 AM

    @Roger Camp: You would think by some reactions that we were voting to romove slavery from our constitution.

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    Mute Barry Somers
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    Sep 23rd 2018, 4:30 PM

    @Roger Camp: blasphemy in our constitution gives special protection to all religions and cults. It has no place in our constitution

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    Mute Fionn_Oisín
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    Oct 16th 2018, 10:57 PM

    @Mary Costello: short-sighted, the object of the FG long game is to follow Globalist orders for a Centralized World Government, & One World Religion. They’re aiming to Remove ‘God’ & ‘Christianity’, piece by piece, to be replaced with Globalist Socialism, later Communism, & ‘gender neutral’ Cultural Marxism. just part of the end game to create a Low wage, mixed race Federation, 2 End Nation States, & 2 End ‘Christian’ Europe.

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    Mute Fergus Sheahan
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    Sep 23rd 2018, 7:47 AM

    Is this not just a waste of time and money? Who cares, this law is never enacted

    109
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    Mute Keelan O'neill
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    Sep 23rd 2018, 7:53 AM

    @Fergus Sheahan: But the problem is that exists. Also I doubt much money is going to be used. Most people seem to be in favour of getting rid of it and it’s being held on the same day as Presidential election.

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    Mute Ajax Penumbra
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    Sep 23rd 2018, 7:57 AM

    @Fergus Sheahan: Nope, it isn’t. Plenty of people care; like the suggested 2/3 of the poll respondents who have their mind made up about how they’re voting. This is a move to maintain and contemporise the country’s Constitution with the social pulse of our progressing nation.

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    Mute Povl Thim
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    Sep 23rd 2018, 7:59 AM

    @Fergus Sheahan: That’s the point! When the law isn’t enacted,, it is obsolete and should be removed.

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    Mute Roger Camp
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    Sep 23rd 2018, 8:14 AM

    @Povl Thim: along with all the other laws on this island, not many are enacted, when you see the sentences the spineless judges hand down

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    Mute Nick Caffrey
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    Sep 23rd 2018, 8:22 AM

    @Povl Thim: When a law is not enacted, it is not in force, it is not a law. You mean ‘enforced’, I’m guessing?

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    Mute Jimmy jones
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    Sep 23rd 2018, 7:50 AM

    Stone anyone who says “Jehova”

    74
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    Mute Conor Mc Lysaght
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    Sep 23rd 2018, 8:57 AM

    @Jimmy jones: Who threw that? Come on? Who threw that?!

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    Mute Peter Cavey
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    Sep 23rd 2018, 9:18 AM

    @Conor Mc Lysaght: Are…. There any women here? *Entire female audience dressed as men reply* no, no, no.

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    Mute Free Thinker ❌
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    Sep 23rd 2018, 9:35 AM

    It is about FINE GAEL yet again using diversion tactics to take peoples focus off ministers with failing portfolios. This time it the housing ministers turn. This is his brain child. He will appear in the press victorious when after selecting a topic that curries favour to the current social climate, when really he should be run out of office.

    He claimed he would turn out 150 houses a week for the next 10 years. No substance to this claim. Time to go Eoghan. Time to go Fine Gael.

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    Mute Paul Corcoran
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    Sep 23rd 2018, 9:06 PM

    @Free Thinker ❌: No it isn’t. Grow up.

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    Mute Tom Molloy
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    Sep 23rd 2018, 7:47 AM

    The new law should stop the Anti Catholic agenda and comments better than the present wording.

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    Mute Patrick J. O'Rourke
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    Sep 23rd 2018, 12:04 PM

    @Tom Molloy: antic catholic agenda? You mean victims of your vile cult actually being allowed to tell their stories and who want to make sure it never has any power ever again?

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    Mute Pete Brady
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    Sep 23rd 2018, 7:44 AM

    For Gods sake this is ridiculous

    52
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    Mute Donal Casey
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    Sep 23rd 2018, 3:37 PM

    As a Christian I believe all religions should be respected. Also, someone cannot blaspheme against that which they do not believe – so this anachronistic law should be quietly removed. That said, when campaigners have finished celebrating their inevitable victory in Dublin Castle, will they be equally keen to respect those who blaspheme against the new public orthodoxies of identity politics and so on, which have many of the qualities of a “religion”?

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    Mute Earth Traveller
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    Sep 23rd 2018, 1:03 PM

    “It was included in the Constitution in 1937, when Ireland asserted its sovereignty over the United Kingdom…” Hmmm. I am sure that didn’t happen.

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    Mute Keelan O'neill
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    Sep 23rd 2018, 7:48 AM

    If you enjoy using the terms “too PC, neoliberal or virtue signalling” then you’re voting to get rid of the amendment.

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    Mute Lilian Nolan
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    Sep 24th 2018, 10:55 AM

    I’m uneasy about replacing ‘blasphemy’ with

    seditious

    sɪˈdɪʃəs/

    adjective

    inciting or causing people to rebel against the authority of a state or monarch.

    16
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    Mute Fionn_Oisín
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    Oct 16th 2018, 11:04 PM

    @Lilian Nolan: ‘Lilian’, yes definitely, FG have Ulterior Motives……! They will use the removal of ‘blasphemy’ to their advantage, in the hope the Sheeple will shallow the Bait, portraying it as a simple affair. It’s Obvious it has other implications. FG/FF have been HACKING the Constitution & putting it thru a Shredder. Will u please wake up People ?!! Ireland is being subverted from ‘Within’.

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    Mute ALGO-GOLD
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    Oct 17th 2018, 11:49 PM

    @Fionn_Oisín: EU Banking Cannibalism in the 24/7 trenches of global price inflation.

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    Mute Noxious Jellyfish
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    Sep 24th 2018, 7:45 AM

    Replacing blasphemy with seditious. Nice way to change it to a law stopping you from criticizing the government.

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    Mute Gearóid Duffy
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    Oct 13th 2018, 11:59 PM

    Hi,

    Almost devoid of a national debate, we are careering into a referendum to remove the ‘offence of blasphemy’, defined in the Defamation Act (2009) as a matter intended to be “grossly abusive” to people because of their religion, and which is without any artistic or academic merit.

    If such abuse happened in a one-on-one context it would be considered bullying; in the context of goods and services, the Equal Status Acts would apply; and where skin-colour was involved it would be termed racism.

    Voting to allow such abuse is contrary to our society’s values of decency, fairness, and appreciation for the beneficial role religion has played in many peoples’ lives.

    It would ignore the lessons of history that such vilification leads to horrors; from NAZI Germany, to religious bigotry in the North, to ISIS defaming the religious beliefs of the Yazidis in Iraq.

    We would lose this minimum standard of decency, so vital to allowing free-speech, the life-blood of a properly functioning democracy.

    We would also lose a means of resolving grievances in accordance with the ‘rule-of-law’. In some countries – because the hands of community leaders are legally tied – disaffected extremists have claimed a false legitimacy as defenders of their communities, with tragic results.

    Finally, our objective definition of the ‘offence of blasphemy’, with its insistence upon “intentionality” is designed to remove accusations from the toxic atmosphere of personalised conflict and the inevitable injustice that characterises some Muslim countries.

    Our anti-blasphemy law works unobtrusively and ought to be vigorously promoted worldwide. I will be voting “No”.

    Yours,

    Gearoid Duffy,

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    Mute The Risen
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    Sep 23rd 2018, 12:31 PM

    Sooner the better this crap is removed from our constitution

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    Mute Arthur Pewty
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    Sep 23rd 2018, 12:51 PM

    @The Risen: the sooner religion is removed the better.

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    Mute Fionn_Oisín
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    Oct 16th 2018, 10:56 PM

    @Arthur Pewty: Yr being short-sighted, the object of the FG long game is to follow Globalist orders for a Centralized World Government, & One World Religion.

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    Mute Alan McDonald
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    Sep 23rd 2018, 6:05 PM

    Do an X-factor style phone vote like in the old days. Waste as little money as possible on it

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    Mute tel
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    Sep 23rd 2018, 10:17 AM

    It’s about Goooooooooooooooood

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    Mute Peter Curran
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    Oct 20th 2018, 4:28 AM

    It’s out dated, it needs to go. But….
    The government is doing this to please the EU, so that we are PC enough for them. Then with all this crap going on next door with Brexit and hard/soft border, that when the gloves come off, which is unlikely, and mudslinging starts, it may be easier for them.
    Personally I don’t like the idea of changing the constitution for that reason, but for the fact it is an outdated rather biaised word, I think it should go.

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    Mute Peter Curran
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    Oct 20th 2018, 4:31 AM

    I have been a little mythed about this whole thing, and by reading the comments through here tonight, I am a little clearer. I’d like to thank all the commentators, you’ve helped me with my decision. The Irish government didn’t.

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