About the "outing" of Church of England bishops

There have been several media reports that Peter Tatchell is again considering “outing” some Church of England bishops who are believed to be partnered homosexuals, this time in connection with the issue of clergy who enter same-sex marriages.

This story began when Kelvin Holdsworth interviewed Peter Tatchell on this topic and reported on his blog: Peter Tatchell on Outing Bishops. (Tatchell had come to St Mary’s Cathedral Glasgow to deliver a lecture on human rights which you can see in full here.)

Media reports have ensued:
Pink News Peter Tatchell: I am considering outing bishops who discipline married gay clergy

Independent Peter Tatchell threatens to ‘out’ bishops he believes are gay after hospital chaplain Jeremy Pemberton has his license to preach revoked

Now, Paul Johnson has written a lengthy analysis in answer to the question: Do Church of England ‘gay bishops’ have a human right not to be ‘outed’?

…This subject will no doubt be discussed in detail by those learned folk over at Thinking Anglicans and Law and Religion, but one aspect that caught my attention was Tatchell’s interpretation of the bishops’ ‘right to privacy’:

Peter Tatchell: […] we are amassing the evidence right now. I’m not saying that we will use it, but we are certainly thinking about it – because people have a right to privacy so long as they are not using their own power and authority to harm other people and when other people are being caused harm and suffering we have a duty to try and stop it. If this is the only way, it is certainly not the preferable way, it’s not the first option but as a last resort I think it is morally and ethically justifiable.

This made me think: how would Tatchell’s interpretation of the ‘right to privacy’ stand up in the context of ECHR jurisprudence?

Could Article 8 protect Bishops from the practice of ‘outing’?

And he ends his analysis (which should be read in full) with this:

…Conclusion

From the Court’s existing case law it would appear that any complaint to the Court from a Church of England bishop about any failure of the UK to fulfil its positive obligations under Article 8 to prevent discussion of his private life would likely be unsuccessful.

This is because such a discussion would likely be judged to involve a public figure and to be an issue of general debate to which the public had a right to be informed. In short, it would be regarded as necessary in a democratic society to ‘override’ the rights of the individual subject to discussion.

The use of photographic ‘evidence’, however, would raise separate issues and any regulation of it by UK authorities may not be judged to violate Article 10.

As such, aside from its moral or ethical legitimacy, Peter Tatchell’s ‘outing’ of ‘gay bishops’ may be on safe legal grounds in respect of any complaint to the Court by an ‘outed’ bishop under Article 8 of the Convention.

opinion

Yasmine Hafiz Huffington Post ‘Bibliotheca’ Bible Project Blows Up On Kickstarter With Chapterless Bible

Jonathan Aigner 15 Reasons Why We Should Still Be Using Hymnals
[Many of these reasons do not apply in the Church of England, where hymnbooks are normally words-only.]

Linda Woodhead OUP blog The vote for women bishops

J John has been interviewing Justin Welby for God & Politics in the UK “I just knew that Jesus was there and I had met him” – interviewing Justin Welby.

On Religion has been speaking to Professor Linda Woodhead about the challenges and opportunities facing religious studies in Higher Education: Expert Interview: Professor Linda Woodhead.

Women bishops measure - changes by the laity

The legislation to allow women to become bishops in the Church of England failed at final approval in 2012 because it did not achieve a two-thirds majority in the House of Laity. A different measure was passed in 2014, primarily because of laity who voted against in 2012, but in favour in 2014.

I have published the detailed voting results on final approval of the 2012 measure here and of the 2014 measure here.

From these spreadsheets I have calculated that of the laity who voted against the 2012 measure:

45 voted against in 2014
20 voted in favour in 2014
4 abstained in 2014
2 were absent in 2014
3 were no longer members of Synod in 2014

Those who voted against the 2012 measure and in favour of the 2014 measure were:

Glynn Harrison (Bristol)
Anne Williams (Durham)
Peter Bruinvels (Guildford)
Keith Malcouronne (Guildford)
Adrian Vincent (Guildford)
Anne Bloor (Leicester)
Christopher Corbet (Lichfield)
Debra Walker (Liverpool)
Philip Rice (London)
John Barber (Manchester)
Peter Capon (Manchester)
Philip Giddings (Oxford)
John Beal (Ripon & Leeds/West Yorks & the Dales)
Thomas Sutcliffe (Southwark)
Mary Judkins (Wakefield/West Yorks & the Dales)
John Davies (Winchester)
Priscilla Hungerford (Winchester)
David Robilliard (Winchester)
Jennifer Barton (Worcester)
Martin Dales (York)

Those who voted against the 2012 measure and abstained in 2014 were:

Peter Collard (Derby)
Ann Turner (Europe)
Prudence Dailey (Oxford)
Victoria Russell (Oxford)

Nobody who voted for the 2012 measure voted against or abstained in 2014.

Women Bishops - detailed voting results

The detailed results for the electronic votes at this months’ meeting of General Synod are now available.

The two relating to the ordination and consecration of women are:

Item 503 - Draft Bishops and Priests (Ordination and Consecration of Women) Measure
Item 504 - Draft Amending Canon No.33

These are pdf files arranged by house, by vote (for, against, abstain) and then by name. I have rearranged them by house and then by synod number, so that members from the same diocese are grouped together. I have also added the names of the absentees. These results are in this spreadsheet.

A very small number of lay and clergy members voted differently for the measure and the canon.

Clergy
1 voted against the measure and abstained on the canon.
2 abstained on the measure and voted for the canon.

Laity
2 voted against the measure and for the canon.
3 voted against the measure and abstained on the canon.
1 voted for the measure but was absent for the vote on the canon.

Further news and comment on women bishops

Update Wednesday morning
Frank Field MP tweeted at 6.02 pm on Tuesday that “Ecclesiastical Committee, of which I am a Member, has just unanimously approved the women bishops measure. Hurrah!”

Update Wednesday afternoon
The agenda of yesterday’s meeting of the Ecclesiastical Committee, originally linked below, is no longer available.
A transcript of the Archbishop’s opening speech to the Committee is here.

The Ecclesiastical Committee of Parliament met today (Tuesday) to consider the Bishops and Priests (Consecration and Ordination of Women) Measure. There is a recording of the public part of their meeting here [1 hour 16 minutes].

John Bingham of The Telegraph reports on the meeting: Church of England to use positive discrimination to boost women bishops.

We have reported news and comments on last Monday’s votes at General Synod here, here, here and here. There is more.

Linda Woodhead The Conversation Yes vote for women bishops challenges the Church of England to embed equality

WATCH Synod Voted Yes!

The Ordinariate in England and Wales: Statement from the Ordinary - Women Bishops

David Pocklington Law & Religion UK Women in the episcopate: legislation and its adoption

The Primate of Uganda Church of Uganda applauds CoE women bishops vote

Moses Talemwa The Observer (Uganda) Uganda Hails Vote On Women Bishops

Ian Paul asks What are (women) bishops for?

Update on clergy entering same-sex marriages

This roundup has been somewhat delayed due to the distractions of General Synod, but here it is now. Our previous report was on 9 July, and is here.

Madeleine Davies wrote in the Church Times on 11 July: Chaplain is blocked from new post after same-sex marriage. She included this:

…Canon Pemberton said that he had mentioned his application for the new job during his meeting with Bishop Inwood on 29 May, and that he was “not surprised, but disappointed”, to learn that the Bishop had subsequently refused to issue a licence.

“The unequal position that I find myself in is that I have a licence now, and am working in a trust in Lincolnshire; so I am a suitable person to work in the NHS; but if I attempt to move 30 miles away, I become unemployable, apparently.”

He went on: “It needs to be considered that the NHS is bound by the Equality Act 2010, and it does seem odd that, if this offer is withdrawn, it is because the Church has obliged the NHS to act in an unequal way. Is that proper or legal?

“My action has exposed a faultline here with an NHS that acts strictly under the rules of equality according to the law, and a Church that does not.”

Chaplains are appointed by NHS trusts. The UK Board of Healthcare Chaplaincy, with whom Canon Pemberton is registered, states that: “It is usual for job descriptions and person specifications for chaplaincy posts that include a religious function to specify that a chaplain will have the endorsement of their faith community, often referred to as ‘being in good standing’.”

It continues: “The situation may arise that the standing of a chaplain in relation to her or his faith community or belief group changes during the term of employment. Whilst this may affect the official status of the chaplain as a ‘minister of religion’ or ‘office holder’ of a belief group, it may have no consequences in relation to their terms of employment so long as they continue to practise ethically and professionally.”

NHS Employers was contacted but was unable to comment at the time of going to press.

On Wednesday, the Revd Justin Gau, a barrister specialising in both employment and ecclesiastical law, and Chancellor of the diocese of Bristol, said that the removal of Canon Pemberton’s licence was, in his opinion, “unlawful, as there has been no breach of canon law”.

And Hugh Muir in the Guardian had this tidbit:

Battle lines are drawn in the Church of England after the first gay British clergyman to marry a same-sex partner was blocked from taking up a promotion within the NHS. Canon Jeremy Pemberton works as a chaplain for an NHS trust in Lincolnshire. The Right Rev Richard Inwood, acting Bishop of Southwell and Nottingham, said he is “unable” to issue a licence for Pemberton to work for the NHS in Nottinghamshire “in light of the pastoral guidance and for reasons of consistency”. A number of people have expressed outrage. Add to their number Prof Diarmaid MacCulloch, the Oxford historian of the church. “I trust that you realise what an appalling impression of pastoral insensitivity you and your fellow bishops are providing to the nation,” he tells the acting bishop. “None of you seem to understand the widespread contempt that your stance provokes, particularly among the young.” They can’t even claim to have history on side.

Changing Attitude has had several articles relating to this action:

• Time to revise or withdraw the Pastoral Guidance on equal marriage

• Archbishop of York replies to emails supporting Canon Jeremy Pemberton

At the press conference in York on the evening of 14 July, after the vote on women in the episcopate, the journalists Rachel Younger for Sky News and David Sanderson for The Times both asked the archbishops how soon there would also be bishops who were in same-sex marriages. Needless to say the answers predicted no timescale for this. There is an audio recording of this press conference available here. The Sky News questions come at the very beginning of the conference, and The Times questions come at the very end (about 24 minutes in). A transcript of part of the latter is included here, below the fold.

Bishop of Edmonton to retire

Updated

Peter Wheatley, the area bishop of Edmonton in the diocese of London has announced that he will retire at the end of the year.

There is nothing about this as yet on the London diocesan website, but we have seen a copy of the letter sent by the bishop to clergy in the Edmonton Area announcing his retirement.

Update 23 July

An announcement of the bishop’s retirement was posted on the diocesan website today: The Bishop of Edmonton announces his retirement.

More news and comment on women bishops

Madeleine Davies Church Times Synod delivers a confident vote for women bishops

Church Times leader comment The morning after

Nick Baines Bishops

David Keen Women Bishops: The Morning After

Janet Henderson Women Bishops, Malala and Mary Robinson

Archbishop of Canterbury Archbishop writes to ecumenical partners about women bishops

Methodist Church in Britain welcomes ‘yes’ vote on women bishops

The United Reformed Church welcomes women bishops

The Baptist Times Baptist welcome for General Synod vote

Statement from the Russian Orthodox Church

Ephraim Radner What Women Bishops Mean For Christian Unity

Sir Tony Baldry, the Second Church Estates Commissioner, was asked a question about women bishops in the House of Commons on Thursday. The answer is copied below the fold. He indicated that the Measure was likely to complete its passage through Parliament by early October, so that General Synod could promulge the Canon in November.

A letter from Rod Thomas to Reform members: Rod writes in response to the York General Synod

opinion

Yasmine Hafiz in The Huffington Post presents 23 photographs of The Most Breathtaking Church Ceilings In The World.

Peter Stanford The Telegraph The women who helped shape Christianity

Lucinda Borkett-Jones Christian Today What about women who don’t want to be bishops?

Assisted Dying Bill

The House of Lords is today debating Lord Falconer’s Assisted Dying Bill.

Today’s Guardian carries these three articles

John Inge, Bishop of Worcester, My wife knew she was dying – but she chose life
Andrew Brown Legalising assisted dying will put too much pressure on people, says bishop
editorial The Guardian view on assisted dying: safeguard life

But not all clergy oppose the bill.

John Bingham The Telegraph Bishop: uphold sanctity of life by allowing assisted dying
Patrick Sawer The Telegraph Anglican leadership accused of “scaremongering” over assisted dying

Women priests in Australia

Muriel Porter reports in the Brisbane Times that Conservative Anglicans have women priests in their sights.

…Australian Anglicans need not be complacent, however. The stark reality is that if votes even for women priests were now required in the Anglican Church here, let alone for women bishops, it is highly likely they would not succeed.

That was the take home message from our own General Synod held earlier this month in Adelaide. Mercifully, votes for women were not on the agenda at that meeting.

Over the 22 years since women priests were approved in Australia, the dominance of the conservative Diocese of Sydney has grown exponentially. And it has become even more conservative…

So could we see the unthinkable happen in this country, the legislation for women priests repealed? It happened in the Presbyterian Church. Could it happen here, even though there are now close to 500 women priests in Australia? It is believed some conservatives have a repeal in their sights…

Faith leaders unite to condemn assisted dying law

Twenty four British faith leaders, including the Archbishop of Canterbury, have today called for Lord Falconer’s Assisted Dying Bill not to be enacted.

From the Archbishop’s website

Assisted Dying Bill: Archbishop signs faith leaders’ statement

Wednesday 16th July 2014

Archbishop of Canterbury Justin Welby today joins over 20 British faith leaders calling for Lord Falconer’s Assisted Dying Bill not to be enacted.

In a joint statement ahead of the House of Lords debate on Friday, the faith leaders said that if passed the bill would have “a serious detrimental effect on the wellbeing of individuals and on the nature and shape of our society.”

This is followed by the full text of the statement and a list of all the signatories.

Press reports on opinions about the bill include:

John Bingham The Telegraph Religious leaders unite to condemn assisted dying law

Andrew Brown The Guardian Church of England split over assisted dying as debate looms

Denis Campbell and Dominic Smith The Guardian Assisted dying: leading doctors call on Lords to back legalisation

We reported earlier on the views of George Carey and Justin Welby.

Women bishops - further reactions to Monday's vote

John Bingham The Telegraph Women bishops: I’m glad we waited until now, says Archbishop of York

The Telegraph editorial The Church of England has found unity on its own terms

The Telegraph letters Women bishops will meet opposition within the C of E laity

The Guardian letters Female bishops a birthday present for Emmeline Pankhurst

John Spence’s speech to Synod (on YouTube)

Transcript of the Archbishop of Canterbury’s speech to Synod

GRAS (the Group for Rescinding the Act of Synod) have sent us a press release which is copied below the fold.

Richard Frith to be next Bishop of Hereford

It was announced this morning that the next Bishop of Hereford is to be Richard Frith, currently the suffragan Bishop of Hull in the diocese of York.

Announcement on the Hereford diocesan website: New Bishop named for Diocese of Hereford

Announcement on the York diocesan website: Richard Frith to be Bishop of Hereford

Press release from Number 10:

Diocese of Hereford: Right Reverend Richard Frith

From: Prime Minister’s Office, 10 Downing Street
History: Published 16 July 2014
Part of: Community and society

The Right Reverend Richard Michael Cokayne Frith is approved for election as Bishop of Hereford.

The Queen has approved the nomination of the Right Reverend Richard Michael Cokayne Frith, MA, Bishop of Hull, for election as Bishop of Hereford in succession to the Right Reverend Anthony Martin Priddis, MA, whose resignation took effect on 24 September 2013.

The Right Reverend Richard Frith

The Right Reverend Richard Frith (aged 65) studied at Fitzwilliam College, Cambridge and trained for the ordained ministry at St John’s College Nottingham. He served his curacy at Mortlake with East Sheen in Southwark diocese from 1974 to 1978. From 1978 to 1983 he was a Team Vicar at Thamesmead and from 1983 to 1992 Team Rector at Keynsham, Bath and Wells diocese. From 1991 to 1998 he was Prebendary at Wells Cathedral, for 6 of those years being Archdeacon of Taunton. Since 1998 he has been Suffragan Bishop of Hull.

He is married to Kay and has 4 children and 4 step children. His interests include the theatre and sport, with a particular passion for cricket.

General Synod - Tuesday's business

General Synod completed its York meeting this morning.

Order paper for the day

Official summary of business

audio recording