European Court Dismisses Challenges To Irish Constitution's Religious Oaths

In Shortall v. Ireland, (ECHR, Nov. 18, 2021), the European Court of Human Rights dismissed as inadmissible a suit filed by several politicians in Ireland complaining that the Irish Constitution requires the President and members of the Council of State to take oaths containing religious language, without a secular alternative.  The court concluded that none of the litigants were directly affected by the challenged provisions:

[N]one of the applicants have so far been invited to serve on the Council of State, and none claimed that such an appointment was under consideration....

[T]he applicants have not provided any evidence – or even sought to argue – that they could secure the nomination required to stand for election as President.... [T]he applicants ... are seeking to have their victim status accepted, not in the context of a clear, immediate and compelling factual matrix which would allow them to adduce reasonable and convincing evidence that they are at a real risk of being adversely affected by the impugned measure, but rather as a hypothetical outcome, without addressing the very many challenges they would potentially have to overcome to secure that office.

The Court also issued a press release summarizing the decision.

Irish Court Focuses On Importance of Witness Oath

 N.D. (Albania) v. International Protection Appeals Tribunal, (High Ct. Ireland, Sept. 22, 2020), was a suit brought by an Albanian woman who is challenging her order of deportation from Ireland. The suit seeks review of a decision of Ireland's International Protection Appeals Tribunal. The High Court dismissed the challenge on procedural grounds, while, however, also dealing with petitioners' claim that the Appels Tribunal decision was invalid because no oath was administered to her in the proceeding. The court said in part:

[W]hile the ongoing secularisation of society makes oaths, with their emphasis on religious beliefs, look like a pre-Enlightenment anachronism and an embarrassment, the unfortunate reality is that the oath still has a powerful role in bringing out the truth. There are people who are relatively untroubled about the theoretical civil and criminal consequences of lies to a court or tribunal, but who nonetheless hesitate if asked to call down their deity as a witness to such lies. The rational, bureaucratic, mind fails to appreciate that merely stiffening the criminal penalties for perjury has no effect whatever on that viewpoint.

Irish Legal News Reports on the decision.

Irish Voters Approve Elimination of Blasphemy As A Crime

In a referendum held last Friday, voters in Ireland approved removal from Sec. 40.6.1 of the Irish Constitution the language that makes blasphemy a crime.  As reported by BBC News, the vote was 64.85% voting in favor of decriminalizing blasphemy, and 35.15% against.  The removal of the language from the Constitution permits the Oireachtas to amend or repeal Sec. 36 of the Defamation Act of 2009 in order to eliminate blasphemy as a crime. (Background on referendum). See prior related posting.  [Thanks to Law & Religion UK for the lead.]

Irish State Funded Catholic Schools Can No Longer Admit With Religious Preferences

CNN today reports on the change in school admission policies in Ireland that take effect this school year.  Some 90% of state-funded primary schools in Ireland are Catholic.  In the past, they have given priority to children who have been baptized as Catholic.  This has led some parents to have their children baptized only so they can be admitted into a high quality school.  In July, the Irish parliament passed a law prohibiting this favoritism

Ireland To Hold Referendum To Remove Blasphemy From Constitution

Ireland's Justice Minister announced last week that the Government has approved the holding of a referendum on a constitutional amendment to remove the offense of blasphemy from the constitution.  Currently Art. 40, Sec. 6 of Ireland's Constitution provides: "The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law." In announcing the referendum, Justice Minister Flannigan said:

In terms of Ireland’s international reputation, this is an important step.  Regrettably, there are some countries in the world where blasphemy is an offence, the punishment of which is being put to death.  In these countries, such laws are not an anachronism but a very real threat to the lives of those who do not share the views of those enforcing the laws.  Such situations are abhorrent to our beliefs and values.  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.

Ireland's legislature must take additional steps to implement the referendum decision. [Thanks to Law & Religion UK for the lead.]

Ireland Referendum Set on Constitutional Amendment Allowing Abortion

On Wednesday, Ireland's Minister for Housing, Planning and Local Government announced that he had set May 25 as the date for a referendum on a proposed amendment to Ireland's Constitution.  The amendment (full text) will allow Ireland's Parliament (Oireachtis) to enact laws permitting abortion.  Currently Ireland's Constitution (Art. 40, Sec. 3, Subsection 3) guarantees the "right to life of the unborn" (with due regard to the equal right to life of the mother). CNN reports on developments. [Thanks to Scott Mange for the lead.]

In Ireland, Non-Catholic Students Have Difficulty Locating A School

The Guardian reported yesterday on efforts in Ireland to obtain repeal of the provision in Section 7 of the Equal Status Act 2000 which allows state-funded schools operated by religious institutions to give preference to, or  in some cases limit admission to, members of the denomination sponsoring the school.  Some 90% of state-funded schools in Ireland are run by the Catholic Church. They give preference to students who have been baptized.  Many non-Catholics are finding it extremely difficult to locate a good school for their children.  The main secular schools are run by an organization known as Educate Together.  But its 74 schools do not have enough places for all their applicants. More than 16,000 people have signed a petition that will be presented to Parliament.  They argue that the Equal Status Act provision violates Article 44.2.3 of Ireland's Constitution which prohibits government discrimination on the basis of religion or belief.

Official Results and Reactions To Ireland's Marriage Equality Referendum

The official results of Ireland's referendum last Friday (see prior posting) that approved same-sex marriage was 62.07% yes and 37.93% no. (60.52% of the voters turned out for the election,) In a speech on Saturday (full text) welcoming the result, Ireland's Prime Minister Enda Kenny said in part:

So – the people went to the polls. It passed. The answer is YES. Yes to their future. Yes to their love. Yes to their equal marriage. That yes is heard loudly across the living world as a sound of pioneering leadership of our people and hopefully across the generations of gay men and women born as we say, before their time.

In an inteview on Saturday (full text) ith Vatican Insider, Archbishop of Dublin, Diarmuid Martin said in part:

The Church needs to ask itself when this cultural revolution began  and why some of its members refused to see this change. There also needs to be a review of youth pastoral care: the referendum was won with young people’s votes and 90% of young people who voted “yes” to the motion, attended Catholic schools....

An individualistic idea of the family prevails. The concept of marriage as a fundamental element of social cohesion has been lost. A reasoning based on respect for the rights of the individual is more successful than one based on social ethics.

Irish Referendum On Same-Sex Marriage Will Be Held Friday

In Ireland on Friday voters will cast ballots in a referendum to approve same-sex marriage. (Referendum Commission Voters Guide). Voters will be asked to approve a Constitutional amendment which reads:

Marriage may be contracted in accordance with law by two persons without distinction as to their sex.

Sunday's Globe and Mail reports that polls show 70% favor the proposal, even though it is strongly opposed by the Catholic Church. 84% of Irish identify ans Catholic, and almost half go to mass every Sunday. According to yesterday's Irish Independent, Irish bishops are warning that passage of the amendment could threaten the Church's ability to teach children about traditional marriage. However Communications Minister Alex White rejected that claim, saying: "There is absolutely no basis whatsoever for any suggestion that the Church ...would be constricted or constrained in any way,... A specific provision in the legislation we're going to bring in if and when the referendum is passed would mean a Catholic priest, for example, will not be required to solemnise for example, the marriage of a same-sex couple."

Meanwhile, each side in the referendum issue is accusing the other of accepting improper campaign donations.  According to Saturday's Guardian, supporters of the referendum accuse opponents of receiving funding from conservative Christian groups in the United States. Ireland’s Standards in Public Office Commission rules bar foreign donations in the campaign.  A website operated by the US-based National Organization for Marriage is campaigning for a "no" vote, but NOM says it has not funneled any money to groups in Ireland.  Some on the "no" side claim that supporters have been funded by Irish-American multimillionaire Chuck Feeney and his Atlantic Philanthropies agency

Ireland Will Have Vote On Removing Blasphemy From Constitution

Last year, Ireland's Convention on the Constitution recommended that a referendum be held on whether to replace the current constitutional provision on blasphemy with a general provision banning incitement to religious hatred. (See prior posting.)  Yesterday, according to The Journal, the government announced that it accepted the recommendation that the people vote on whether to remove the offense of blasphemy from the Constitution. A government spokesman said that it is still an open question whether the proposed constitutional amendment will also call for replacing the ban on blasphemy with a prohibition on incitement to religious hatred. A date has not been set for the referendum.  It will apparently require a law be enacted by the Oireachtas.