[JURIST] The Irish Convention on the Constitution [official website] voted Sunday in favor [press release, PDF] of recommending that the offense of blasphemy in the Irish Constitution [text, PDF] be altered and replaced with a new general provision to include incitement to religious hatred. The Convention on the Constitution was established in 2012 by resolution [text, PDF] of both Houses of the Oireachtas [official website], the Irish parliamentary body. The Convention is tasked with considering and deliberating on eight separate matters on which it will make recommendations as possible future amendments to the Constitution and report to the Houses of the Oireachtas. 61 percent of the 100 delegates voted no to the question of whether the offense of blasphemy in the Constitution should be kept as it is. In addition, 53 percent of delegates voted in favor of replacing the blasphemy provision with a general provision to include incitement to religious hatred. The ban on blasphemy has been controversial since the passage of the Defamation Act of 2009 [text] which created criminal penalties for violation of Article 40.6.1 of the Irish Constitution which in its relevant parts states “The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.” The Convention heard evidence from a number interest groups over the weekend including presentations from Atheist Ireland, the Humanist Association of Ireland, the Irish Council of Civil Liberties and the Islamic Cultural Centre of Ireland [advocacy websites].

The Convention has dealt with a number of major social issues since its inception. In May the Convention on the Constitution, voted [JURIST report; press release] in favor of granting full marriage rights to same-sex couples. As a result of the decision Ireland will hold a referendum on same-sex marriage. Article 46 of the Irish Constitution [text, PDF] provides that any major constitutional change must be ratified by the electorate. Presently, civil partnerships are recognized and afforded some rights under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 [text, PDF] but are not equal to civil marriage.