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Irish Court Upholds Regulation of Sale of Mass Cards

By Howard M. Friedman

RTE News and IOL News report that a High Court judge in Ireland yesterday upheld the constitutionality of Section 99 of the 2007 Charities Act that bans the sale of any Mass card except pursuant to an arrangement with a bishop of the Church or a provincial of a religious order. (See prior posting.) The challenge was brought by Thomas McNally whose business sold 120,000 Mass cards each year under an agreement with a Polish priest in the West Indies until bishops intervened to withdraw approval. McNally paid the priest 3600 Euros per year to say three masses per month for those for whom the Mass cards were purchased. McNally argued that the Charities Act provision is an unconstitutional infringement of his free exercise of religion protected by Article 44 of Ireland's Constitution, and that it infringed the rights of those buying the cards to profess and practice their religion freely. The court concluded that McNally had not shown that in selling pre-signed Mass cards he was engaged in the profession or practice of his religion. The court also concluded that any favoritism to the Church over McNally's business did not constitute prejudicial discrimination.

Full post as published by Religion Clause on December 18, 2009 (boomark / email).