Blasphemy laws prohibit types of speech that are critical or insulting to religious belief. While unconstitutional in the United States, these laws remain on the books in some states and are a particular area of concern abroad.
Quick Facts
Despite being ruled unconstitutional in 1952, 6 states retain blasphemy laws on their books and occasionally enforce them
69 nations have blasphemy laws, including 6 nations where blasphemy is punishable by death
18 countries ban apostasy, the leaving of a religious tradition, and in 12 countries it is punishable by death
Our Position
While unconstitutional in the United States, laws banning blasphemy or “desecration” of venerated objects remain on the books in six states and are occasionally enforced. American Atheists supports repealing these laws. Abroad, American Atheists opposes laws which prohibit criticism or offense of religion and supports efforts by the United States government to pressure regimes to end enforcement of these laws.
Background
State anti-blasphemy laws were ruled unconstitutional by the U.S. Supreme Court in 1952. In Joseph Burstyn, Inc. v. Wilson, the Supreme Court ruled held that “[i]t is not the business of government in our nation to suppress real or imagined attacks upon a particular religious doctrine, whether they appear in publications, speeches, or motion pictures.”
However, six states retain anti-blasphemy provisions.
Abroad, the threats are more dire.
According to the Freedom of Thought report from Humanists International, sixty-nine countries have blasphemy laws. In six, blasphemy is punishable by death. An additional eighteen countries ban “apostasy” — leaving a religious tradition — and in twelve of those countries, apostasy is punishable by death.
According to the United States Commission on International Religious Freedom (USCIRF), penalties for blasphemy abroad include fines, imprisonment, forced labor and the death penalty.
While high-profile cases in Bangladesh, Iran, Nigeria, Pakistan, and Saudi Arabia often receive the most attention, Finland, Germany, Poland, and Russia all enforce some form of blasphemy laws.
Recent Developments
Humanist and secular campaigners internationally have successfully repealed blasphemy laws in Denmark (2017), Canada (2018), New Zealand (2019), Ireland (2020), and others.
In 2020, the United States Congress passed H.Res. 512 / S.Res. 458, resolutions calling for the global repeal of blasphemy, heresy, and apostasy laws. The House bill was sponsored by Rep. Jamie Raskin (D-MD) and passed by a 386–3 vote. The Senate bill was sponsored by Sen. James Lankford (R-OK) and Sen. Chris Coons (D-DE) and passed by unanimous consent. [add statement from AA?]
In 2014, a Pennsylvania teenage was banned from social media for 6 months and required to perform 350 hours of community service after being charged with “desecration of a venerated object,” a second-degree misdemeanor, for posting an image of himself simulating oral sex with a statue of Jesus.
