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Blasphemy law in the Republic of Ireland
In the Republic of Ireland, blasphemy is required to be prohibited by Article 40.6.1.i. of the 1937 Constitution. The common law offence of blasphemous libel, applicable only to Christianity and last prosecuted in 1855, was ruled in 1999 to be incompatible with the Constitution's guarantee of religious equality. The lacuna was filled in 2009 by a new offence of "publication or utterance of blasphemous matter", against any religion. The continued existence of a blasphemy offence is controversial, with proponents of freedom of speech and freedom of religion arguing it should be removed.
==Early history==
The legal system of Ireland grew out of the common law system of English law. The common law offence of blasphemous libel applied only to Christianity.〔Keane 1991, §§92,104〕 Spoken blasphemy was also an offence.〔 Profanity was generally regarded by legal scholars as synonymous with blasphemy. In 1328, Adam Duff O'Toole was burned alive in Dublin for alleged heresy and blasphemy.〔 Initially tried under canon law, he was handed over to the civil power as a repeat offender.〔 He was a member of the O'Toole family which launched Gaelic raids on the Anglo-Norman Pale, and modern historians regard the charges as politically motivated. In later times, the penalty for a first offence of blasphemous libel was an unlimited fine and imprisonment; for a second offence it was banishment.〔(Defamation Bill, 1961—Committee Stage ) Dáil Éireann – Volume 191 – 26 July 1961〕 The Anglican Church of Ireland was the established church from 1536 to 1871. Whether the crime could be committed against a denomination other than the established church was unclear;〔(Defamation Bill 2006: Report and Final Stages. ) Seanad Éireann – Volume 188 – 11 March 2008〕 John Kelly suggested not.〔
Six bills to suppress "blasphemy and profaneness" were introduced in the Parliament of Ireland between 1697 and 1713, but none was passed into law. There was a prosecution in the Kingdom of Ireland for blasphemous libel in 1703: Thomas Emlyn, a Unitarian minister, was fined £1,000 and imprisoned for one year for denying the Divinity of Christ.〔Keane 1991, §14〕 He remained in debtor's prison after his initial sentence until the fine was reduced to £70. Narcissus Marsh, the Church of Ireland Archbishop of Dublin, began a prosecution against a Presbyterian minister in Drogheda, which was dropped by the Dublin Castle administration sympathetic to dissenters. Other incidents that century did not result in prosecutions. In 1713, Peter Browne, bishop of Cork and Ross preached that loyal toasts to "the glorious, pious, and immortal memory" of King William were blasphemous. The same year, a convocation of the Church of Ireland recommended prosecution of Robert Molesworth for "an indictable profanation of the holy scriptures", after he had quoted Scripture in the course of an insult to their representatives at a viceregal levée.〔Levy, p.276〕 In 1756, Robert Clayton, Bishop of Clogher, questioned the Nicene Creed in a tract on religious tolerance; he was condemned by other bishops, but died before any prosecution for blasphemy was brought.〔Levy, pp.276–7〕
In 1852, in the United Kingdom of Great Britain and Ireland, John Syngean Bridgman, a Franciscan friar, was convicted in County Mayo after burning an Authorized King James Bible.〔Keane 1991, §15〕 He viewed it as a souperist work inferior to the Catholic Douay-Rheims Bible. While the indictment described his actions as "in contempt of the Protestant religion", Judge Thomas Langlois Lefroy advised the jury "it is not the version of the Scriptures which will warrant the commission of such an offence" but rather "a want of reverence to the Scriptures".〔〔Levy, p.464〕 In 1855 at Kingstown, a Protestant Bible was burned on a bonfire of "irreligious" books organised by Vladimir Petcherine, a Catholic priest. He was acquitted of blasphemy after claiming he had not intended to burn any Bibles.〔〔
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