Religious Minorities under the Constitution of the Irish Free State, 1922-1937

The Irish Free State came into existence in 1922 as a self-governing state with a substantial Catholic majority. This article examines the special constitutional provisions adopted in 1922 that were aimed at religious minorities in the new state. The Protestant community comprised the largest religious minority in 1922 and was particularly vulnerable as many of its members had opposed the foundation of the Irish Free State. Nevertheless, this article recognises the diversity behind the term ‘Protestant’ and also provides some attention to the position of the Quaker community, often perceived in Ireland as neither Catholic or Protestant, as well as that of the small Irish Jewish community. This article examines the origins and operation of the special provisions of the 1922 constitution of the Irish Free State aimed at protecting the rights of religious minorities and giving them a significant voice within the Irish legislature. It also analyses how and why most of these constitutional safeguards were removed from the text of the 1922 constitution. Most of these provisions were not replicated in the 1937 constitution of Ireland that remains in force to this day. The conclusion argues that one of the weaknesses of the constitutional provisions aimed at religious minorities was that they did not openly include this objective in their wording. This facilitated the removal of almost all of these provisions in the 1930s while ignoring or openly denying that they were aimed at religious minorities despite ample historical evidence to the contrary.