Posted: Jul 17, 2008, 5:45 AM CST
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Religion
Main article: Fifth Amendment of the Constitution of Ireland
The Constitution of Ireland guarantees freedom of worship and forbids the state from creating an established church. Previously the constitution contained a clause which explicitly recognised a number of religions including the Catholic, Anglican, Presbyterian and Jewish religions. Controversially it also recognised the "special position" of the Catholic religion. However, it was removed by referendum in 1973 (see below). Nevertheless the constitution still contains a number of explicit religious references, such as in the preamble, the oath sworn by the President and Article 44.1, which reads:
The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion.
The constitution has also, since 1983, contained a controversial prohibition of abortion. However, this does not apply in cases where there is a threat to the life of the mother (including from risk of suicide) and may not be used to limit the distribution of information about abortion services in other countries or the right of freedom of travel to procure an abortion.
A number of ideas still found in the constitution reflect the Catholic social teachings current in the 1930s. Such teachings informed the provisions of the (non-binding) Directive Principles of Social Policy and the system of vocational panels used to elect the senate. The constitution also grants very broadly worded rights to the institution of the family.
As adopted in 1937 the constitution included two particular controversial provisions that have since been removed. These were a prohibition of divorce and a reference to the "special position" of the Catholic Church. Article 44, Sections 2 and 3 read:
Section 2: The State recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great majority of the citizens.
Section 3: The State also recognises the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland, as well as the Jewish Congregations and the other religious denominations existing in Ireland at the date of the coming into operation of this Constitution.
Few contemporary commentators argue that the original text of the Constitution would be fully appropriate today. Those that have have argued that:
incorporating Catholic social teaching into law was common to many predominantly Catholic countries in the 1930s. Divorce, for example was banned in other states such as Italy, which repealed its ban in the 1970s.
the reference to the Catholic Church's special position was of no legal effect and there was significance in the fact that the "special position" of Catholicism was held to derive merely from its greater number of adherents, a concept that ran contrary to the Church's view of itself before the Second Vatican Council. Notably, Éamon De Valera resisted pressure from right-wing Catholic groups such as Maria Duce to make Catholicism an established church or to declare it the "one true religion".
the prohibition on divorce was supported by senior members of the Church of Ireland
the constitution's explicit recognition of the Jewish community was progressive in the climate of the 1930s.
However Sections 2 and 3 of Article 44 which recognised specific religions were deleted from the constitution in 1973. The ban on divorce was removed in 1996.