Six states continue to enforce blasphemy laws that criminalize insulting or showing contempt toward God or sacred objects—statutes that have drawn little scrutiny despite their questionable constitutionality.
Massachusetts, Michigan, Oklahoma, South Carolina, Wyoming, and Pennsylvania all retain such provisions. Pennsylvania's blasphemy statute was struck down as unconstitutional in 2010, yet the state has not repealed it. The other five states keep their laws intact and theoretically enforceable.
Massachusetts General Laws Chapter 272, Section 36 traces to a 1697 colonial statute. It punishes anyone who "willfully blasphemes the holy name of God by denying, cursing or contumeliously reproaching God, His creation, government or final judging of the world." The law covers insults to Jesus Christ, the Holy Ghost, and "the holy word of God contained in the holy scriptures." Violators face up to one year in jail, a fine of up to three hundred dollars, or both, plus possible binding over to good behavior.
Michigan's 1931 Act 328, Section 750.102 makes it a misdemeanor to "wilfully blaspheme the holy name of God, by cursing or contumeliously reproaching God." The statute originated from an 1846 law. Michigan also maintains a separate "anti-profanity" provision, Act 328, Section 750.103, enacted the same year, which criminalizes profane swearing by the names of God, Jesus Christ, or the Holy Ghost. Prosecutions must begin within five days of the alleged offense.
Oklahoma's law defines blasphemy as "wantonly uttering or publishing words, casting contumelious reproach or profane ridicule upon God, Jesus Christ, the Holy Ghost, the Holy Scriptures or the Christian or any other religion," though it exempts serious discussion. The law classifies blasphemy as a misdemeanor. Oklahoma also prohibits "profane swearing" invoking divine vengeance or the divine names "in light, trifling or irreverent speech," punishable by a one-dollar fine per instance.
South Carolina and Wyoming statutes remain on their books, though details on their specific provisions and enforcement histories are sparse.
Pennsylvania's law bans blasphemous names but does not specify punishments for blasphemous speech itself.
