The New York Times reports that a local prosecutor in Denmark has brought a blasphemy charge against a forty-two-year-old man who burned a copy of the Quran in his backyard and posted a video of the act on his Facebook page. The Danish penal code makes blasphemy, defined as “publicly insulting the tenets of faith or worship” of a recognized religious community, a crime punishable by a fine or up to four months’ imprisonment. This prosecution, which the country’s attorney general had to approve, is the first of its kind in decades. The last successful blasphemy prosecution in Denmark occurred in 1946.
This is a truly singular occurrence. Many European countries, including Denmark, have hate-speech laws that prohibit speech that denigrates or threatens persons on the basis of certain characteristics, including religion. (Here in the U.S., courts consistently have ruled hate-speech laws unconstitutional.) But this is not a hate-speech prosecution. The defendant in this case evidently did not insult or threaten Muslims as people. Instead, he publicly insulted Muslim belief, especially Muslim belief in the sanctity of the Quran. And that, according to the prosecutor, merits punishment under Danish law.
The ironies abound. Blasphemy prosecutions are not so unusual in Muslim-majority countries, where they often serve as pretexts for the persecution of Christians and other religious minorities. In fact, this month marks the sixth anniversary of the murder of Shahbaz Bhatti, a Christian Pakistani politician who had criticized that country’s blasphemy laws; his murderers called Bhatti “a known blasphemer.” But blasphemy prosecutions are vanishingly rare in the West. In America, the Supreme Court ruled blasphemy laws unconstitutional in 1952. Most European countries have abolished their blasphemy laws; where such laws continue to exist, they are dead letters.
Moreover, Western countries have made opposing blasphemy laws a major international human rights cause. At the U.N. Human Rights Council, America and its European allies have objected strenuously to so-called “Defamation of Religion” resolutions introduced in recent years by Muslim-majority countries, on the ground that such resolutions encourage local blasphemy laws and stifle free expression. Since 2011, American and European diplomats have convinced proponents to accept a compromise resolution, one that condemns discrimination and the incitement of violence against persons on the basis of religion—a resolution protecting believers, rather than beliefs as such.