Updated finally on Friday morning
The Marriage (Same Sex Couples) Bill is now being scrutinised by a Public Bill Committee.
Today was the first day of taking evidence, and those appearing included representatives of the Church of England, the Roman Catholic Church, and the Church in Wales. The second day will be on Thursday.
A timetable of those appearing this week is at the bottom of this page. The same page lists the amendments filed to date. A PDF copy is also available here.
The evidence sessions can be watched via Parliament TV, at the following locations
Hansard written record of proceedings:
Tuesday’s notice of new amendments is here. The programme of future dates for the committee to meet is here.
The committee has started to publish memoranda submitted in written evidence. Of particular interest may be this memo from Lord Pannick QC.
Follow this link, and scroll down for others.
3 CommentsEarlier in the year, opponents of the government’s plans to introduce same-sex marriage published selective extracts of a legal opinion written by Aidan O’Neill QC. The summary of this document can be found here. The full opinion has not been published as far as I know.
The government has now published two documents (PDF) which rebut these extracts:
The full text of the first document is reproduced below the fold.
10 CommentsEarlier articles on this can be found here, and then here, next here, and also here.
First, there was an article in the Church Times by Mark Hill headlined Strasbourg marks a sea-change in tolerance that is only available to subscribers, but which takes a rather different line to his earlier article at the Guardian website.
The second guest post at the ECHR Blog was written by Hana van Ooijen and is available at Eweida and Others Judgment Part II – The Religion Cases.
Another second post at Strasbourg Observers by Stijn Smet is titled Eweida, Part II: The Margin of Appreciation Defeats and Silences All.
Iyiola Solanke wrote at Eutopia Law about Clarification of the Article 9(2) ECHR qualification? Eweida and Others v the UK.
Ronan McCrea wrote at UK Constitutional Law Group: Ronan McCrea: Strasbourg Judgement in Eweida and Others v United Kingdom.
Julie Maher wrote at Oxford Human Rights Hub Religious Rights in the Balance: Eweida and Others v UK.
James Wilson has written a series of three posts on Eweida and Others v United Kingdom: Introduction, then what the court ruled and finally some comments.
And Andrew Worthley wrote at Ekklesia Law and religion: happy marriage or estranged acquaintances?
1 CommentChurch of England press release: Consultation document issued by working group on women bishops legislation:
08 February 2013
A consultation document setting out a new way forward in enabling women to become bishops in the Church of England has today been sent to all General Synod members.The document draws on the facilitated conversations arranged by the Working Group on women bishops legislation held earlier this week and the meeting of the House of Bishops on February 7.
The consultation document can be read here. (PDF)
Notes
Statement following the meeting of the House of Bishops PR28.13
http://www.churchofengland.org/media-centre/news/2013/02/statement-on-the-conclusion-of-the-meeting-of-the-house-of-bishops.aspxThe facilitation process referred to was set out in PR160.12 on 11 December 2012 http://www.churchofengland.org/media-centre/news/2012/12/statement-from-the-house-of-bishops-on-defeat-of-women-bishops-legislation.aspx
Membership of the working group was set out in PR169.12 on 19 December 2012 http://www.churchofengland.org/media-centre/news/2012/12/working-group-on-new-legislative-proposals-on-women-bishops-announced.aspx
We have made a webpage version of the consultation document available here.
28 CommentsStatement on the conclusion of the meeting of the House of Bishops
11 Comments07 February 2013
The House of Bishops of the Church of England has today expressed its encouragement and support for new robust processes and steps in bringing forward to General Synod the necessary legislation to consecrate women to the episcopate.
At a special meeting at Lambeth Palace today, the House reviewed the progress to develop proposals to enable women to become bishops at the earliest possible date. The meeting also considered changes to future meetings so as to ensure that eight senior women clergy will be participants in all meetings of the House and its standing committee.
The House was briefed on the two meetings held in January by the working group under the chairmanship of the Bishop of St Edmundsbury and Ipswich. All 10 of the members of the working group attended the House of Bishops meeting. The House also received an account of the intensive, facilitated conversations held by the group with 15 others from a wide range of viewpoints on Tuesday and Wednesday this week.
The House was encouraged to hear of the constructive manner in which everyone had joined together in the search for a way forward. It agreed that the working group should shortly issue a consultation document that would give an outline of the discussions of the past weeks, set out some emerging ideas and provide General Synod members with an opportunity to have an input into that conversation prior to the working group meeting again on 4 March.
The House affirmed the nature of the facilitation process and encouraged opportunities which may be available to extend this process further at a diocesan and regional level. There was also support for the facilitation process to continue in parallel with the fresh proposals that will be brought to General Synod in July.
Following the discussion with the working group, the House went on to consider issues arising from its current all male membership. It decided that until such time as there are six female members of the House, following the admission of women to the episcopate, a number of senior women clergy should be given the right to attend and speak at meetings of the House as participant observers. The intention is that eight members would be elected regionally from within bishops’ senior staff teams (that include deans, archdeacons and others). The necessary change to the House’s Standing Orders will be made in May.
In addition, the House agreed to a special meeting on 19 September when the College of Bishops and a group of senior female clergy will meet to take forward the range of cultural and practical issues about gender and ministry in the Church of England arising from the ‘Transformations’ initiative that was launched at Lambeth in September 2011.
Notes
The facilitation process referred to was set out in PR160.12 on 11 December 2012 http://www.churchofengland.org/media-centre/news/2012/12/statement-from-the-house-of-bishops-on-defeat-of-women-bishops-legislation.aspx
Membership of the working group was set out in PR169.12 on 19 December 2012 http://www.churchofengland.org/media-centre/news/2012/12/working-group-on-new-legislative-proposals-on-women-bishops-announced.aspx
Updated again Tuesday morning
The House of Commons committee hearings will commence on 12 February.
The committee is inviting the public to submit written evidence. The closing date is 12 March, but earlier submissions are encouraged.
Amendments are being filed by MPs and updated lists of them will be published regularly. The first set of them is here.
Update 11 February A few more amendments are now here.
Update 12 February Further amendments and a list of witnesses for this week here.
Just before the Second Reading, ResPublica published this “Green Paper” by Roger Scruton and Phillip Blond: Marriage: Union for the future or contract for the present (PDF).
A shorter version of this paper is published at ABC Religion and Ethics under the title Marriage equality or the destruction of difference?
The speech made in the Second Reading debate by Sir Tony Baldry, Second Church Estates Commissioner, can be found here.
David Pocklington has written at Law & Religion UK an article titled Tenuous European links to same-sex marriage, which deals with claims made elsewhere that recognition of same-sex marriages will become a “European requirement”.
The Guardian has a detailed analysis of the Second Reading vote.
38 CommentsUpdated
The House of Commons held its first debate on this bill, known as Second Reading.
The debate in its entirety can be watched here [Debate commences at 12:47:47 on media player], or alternatively over here.
The Hansard record is now available here.
The vote on Second Reading was 400 in favour, 175 against.
According to the Press Association, as reported by the Guardian (and scroll for further details):
126 Conservatives voted for the bill, along with teller Desmond Swayne. 134 Tories voted against the Bill’s second reading, along with two tellers. That means 136 MPs opposed the bill. Another five Conservative MPs voted both for the bill and against it, the tradition way of registering an abstention. (Technically this means you could say 139 Tories voted against the bill, or 141 opposed it, but that would be misleading.) And another 35 Conservative MPs who did not vote.
217 Labour MPs voted in favour of the bill, 22 Labour MPs voted against and 16 did not vote.
44 Lib Dems voted in favour, four voted against and seven did not vote.
The BBC has voting lists here.
Subsequent votes were
Programme Motion 499 in favour, 55 against.
Money Resolution 481 in favour, 34 against.
Carry-over Motion 464 in favour, 38 against.
The House of Commons Library has produced a 63-page briefing for Members, in advance of the Second Reading next Tuesday.
The file is published via this web page, and can be downloaded here (PDF).
0 CommentsThe Marriage (Same Sex Couples) Bill proposes to make a number of changes to the Equality Act 2010. One of them is in paragraph 41 of Schedule 7 of the Bill (page 52 in the paper version). As the Explanatory Notes say:
Paragraph 41 amends Schedule 9 paragraph 2 (religious requirements relating to sex,
marriage etc, sexual orientation) so that, where employment is for the purposes of an
organised religion, an occupational requirement may allow a restriction that a person
should not be married to someone of the same sex. This means, for example, that a church may require that a priest not be married to a person of the same sex.
The change alters Schedule 9 paragraph 2 in the following manner (added words are in bold face):
20 CommentsThe Church of England has issued this press release: MPs briefed on Marriage (Same Sex Couples) Bill and the Church of England which links to this briefing document (PDF).
The Church of England’s Parliamentary Office has provided a briefing note to MPs on the Marriage (Same Sex Couples) Bill and the Church of England prior to the Second Reading debate in the House of Commons on February 5.
The briefing sets out why the Church of England cannot support the Bill and addresses some of the concerns that have been voiced by MPs about the Bill in relation to the Church of England. These include why specific wording is needed to give the Church of England the same protection as other faith groups and how the devolved legislative powers of the General Synod work.
We have made a webpage version of the briefing note available here.
The summary of the briefing note says:
22 CommentsThe Church of England cannot support the Bill, because of its concern for the uncertain and unforeseen consequences for wider society and the common good when marriage is redefined in gender-neutral terms.
This reshaping and unnecessary politicising of a fundamental social institution, which predates church and state, did not feature in party manifestos, was not included in the last Queen’s Speech and has no mandate from the Government’s own consultation exercise. The legislation has also been prepared at great haste and as a result relies on an unacceptably wide use of secondary legislation.
We do not doubt the Government’s good intentions in seeking to leave each church and faith to reach its own view on same sex marriage and including provisions in the Bill to protect them from discrimination challenges. If the Bill proceeds into law it is essential that the various ‘locks’ in the Bill are preserved as drafted. The Church of England, whose clergy solemnize around a quarter of all marriages in England, has sought no more safeguards in substance than those provided for other Churches and faiths.
The Church of England recognises the evident growth in openness to and understanding of same sex relations in wider society. Within the membership of the Church there are a variety of views about the ethics of such relations, with a new appreciation of the need for and value of faithful and committed lifelong relationships recognised by civil partnerships.
Civil partnerships have proved themselves as an important way to address past inequalities faced by LGBT people and already confer the same rights as marriage. To apply uniformity of treatment to objectively different sorts of relationship – as illustrated by the remaining unanswered questions about consummation and adultery- is an unwise way of promoting LGBT equality.
The continuing uncertainty about teachers, the position of others holding traditional views of marriage working in public service delivery, and the risk of challenges to churches in the European courts despite the protections provided, suggest that if the legislation becomes law it will be the focus for a series of continued legal disputes for years to come.
Updated again Friday
TEC Agrees to Injunction that Prohibits Them From Using Diocese of SC Identity
South Carolina lawsuit parties agree to temporary injunction
I last reported on South Carolina on 8 January. Since then there have been significant developments.
A South Carolina Circuit Court judge Jan. 23 issued a temporary restraining order preventing any “individual, organization, association or entity” from using registered names and marks that are claimed by Mark Lawrence and other leaders who led some Episcopalians in that state out of the Episcopal Church.
Judge Diane S. Goodstein’s order is in effect until Feb. 1 when a hearing is scheduled.
See ENS report South Carolina court temporarily restrains use of diocesan names, seal and also this diocesan press release
Circuit Court Blocks the Use of Diocese of South Carolina Identity By Anyone Outside of the Diocese.
And on 26 January a provisional bishop for those remaining in The Episcopal Church was elected, see this ENS report South Carolina continuing Episcopalians meet to plan their future.
See also:
Presiding bishop preaches to Episcopalians in South Carolin
House of Deputies president supports South Carolina Episcopalians
New bishop provisional addresses South Carolina Episcopalians
19 CommentsThe Roman Catholic Bishops Conference of England and Wales has issued, via this page, a Briefing to Members of Parliament on the Marriage (Same Sex Couples) Bill. (PDF)
Another copy is available from the Catholic Herald as a normal web page over here.
Catholic Voices has its own summary of their arguments at Bishops to MPs: this Bill will radically alter meaning of marriage.
34 CommentsThis press release: Free Church of England Orders recognised.
The Archbishops of Canterbury and York have recognised the Orders of the Free Church of England under the Overseas and Other Clergy (Ministry and Ordination) Measure 1967. The Measure gives the Archbishops authority to determine whether the Orders of any Church are ‘recognised and accepted’ by the Church of England.
The recognition of the Orders of the Free Church of England follows approximately three years of contact between the bishops of the Free Church of England, the Council for Christian Unity and the Faith and Order Commission, which recommended that the Orders of the Free Church of England be recognised. That recommendation was subsequently endorsed by the Standing Committee of the House of Bishops…
Much information about the Free Church of England can be found on its websites:
The following pages may be of particular interest:
One FAQ is this:
19 CommentsIs the Free Church of England an Anglican Church?
The Free Church of England is required by its Constitution to ‘conform to the ancient laws and customs of the Church of England’. Our doctrinal basis, structures, organisation, worship, ministry and ethos are therefore recognisably ‘Anglican’. Anyone coming from an Anglican background would find much that was familiar to him or her – including the layout of our Churches, robes, churchwardens, church councils and the like. Our worship is that of the Book of Common Prayer or conservative modern-language forms that belong to the Anglican tradition.
The Free Church of England is not a member of the Anglican Communion – though the Provinces that make up the Communion are currently re-defining their relationships with each other and with the See of Canterbury. Since the 1870s the Free Church of England has been in full communion with the Reformed Episcopal Church in the United States and Canada. The REC is a full member of the recently-formed Anglican Church in North America. The fact that the ACNA has been recognised by some Provinces of the Anglican Communion means that the Free Church of England now stands in some degree of relationship with them, though the precise details have not yet been worked out.
The Government Equalities Office has published a range of supplementary materials here: these include a FactSheet, a Mythbuster and a Short Guide.
Frank Cranmer at Law & Religion UK has published a very helpful summary of the bill in Marriage (Same Sex Couples) Bill: the published text.
Adam Wagner at the UK Human Rights Blog has written Equal marriage on the way as Bill published.
The Roman Catholic Bishops of England and Wales have issued this statement opposing the bill.
Maria Miller, the Secretary of State responsible for the bill, appeared on the BBC Radio 4 programme Today on Friday morning, and the full interview is available here: Maria Miller: Churches ‘free to choose’ on gay marriage.
Colin Coward has commented at Changing Attitude on the CofE’s official statement in Church of England’s attitude to civil partnerships and same-sex marriage.
Ed Thornton reported for the Church Times that Stevens holds line as Government publishes same-sex marriage Bill.
3 CommentsThe Church in Wales has issued this: Marriage (Same Sex Couples ) Bill – A statement:
PRESS RELEASE
Marriage (Same Sex Couples ) Bill – A statement
25 January 2013Since the Statement to Parliament by the Minister for Women and Equalities on 11 December 2012, the Government has worked to understand and accommodate the position of the Church in Wales in its equal marriage Bill. As a disestablished church with a legal duty to marry the Church in Wales is uniquely placed. The Bill provides protection for the Church whilst still enabling it to make its own decision on same-sex marriage.
Under the Bill, the duty of Church in Wales ministers to marry will not be extended to same-sex couples. However, should the Church’s Governing Body decide in the future that the Church wishes to conduct such marriages, there is provision in the Bill for the law to be altered without the need for further primary legislation by Parliament. Instead, a resolution from the Church’s Governing Body would trigger an order by the Lord Chancellor for the necessary legal changes to be made.
The Church of England has issued this: Bishop of Leicester responds to Marriage (Same Sex Couples) Bill:
28 CommentsUpdated
Hansard reports:
Bill Presented
Marriage (Same Sex Couples)Presentation and First Reading (Standing Order No. 57)
Secretary Maria Miller, supported by the Prime Minister, the Deputy Prime Minister, Mr Chancellor of the Exchequer, Secretary Theresa May, Secretary Michael Gove, Secretary Eric Pickles, Hugh Robertson, Lynne Featherstone, Mrs Helen Grant and Jo Swinson, presented a Bill to make provision for the marriage of same sex couples in England and Wales, about gender change by married persons and civil partners, about consular functions in relation to marriage, for the marriage of armed forces personnel overseas, and for connected purposes.
Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 126) with explanatory notes (Bill 126-EN).
The Leader of the House of Commons announced that the Second Reading (first stage of actual debate) of the bill will take place on 5 February.
The text of the bill, and an explanatory note, are available here.
The impact assessment is also linked from that page.
Meanwhile, some news reports and comment:
BBC Gay marriage: MPs set to vote on proposals for the first time and Gay marriage support growing says Tory MP Nick Herbert
Changing Attitude Same-sex marriage bill introduced in House of Commons and earlier The legal status of marriage and equal marriage in the Church of England
Ekklesia Religious groups welcome draft Marriage (Same-Sex Couples) Bill
Yesterday was also one of the days for Questions to be asked of the Second Church Estates Commissioner, Sir Tony Baldry. In relation to this topic, and on the related topic of Civil Partnerships, here is what he said:
14 CommentsThe following press release has been received:
22 January 2013
MEDIA RELEASE:
Lancashire clergy write to the Archbishop of YorkOver fifty clergy from the Diocese of Blackburn have written to the Archbishop of York, urging him to ensure that the next Bishop of Blackburn will be prepared to ordain women as priests, and fully affirm their ministry.
The letter was co-ordinated by the Vicar of Lancaster, the Revd Chris Newlands, and has been signed by fifty-five clergy from across the diocese who are keen to see a supporter of women’s ministry appointed as Diocesan Bishop.
Mr Newlands said, “Many churches across the diocese have been greatly enriched by the ministry of women, and we believe that to fulfil his calling as a focus of unity, the next Bishop of Blackburn should affirm the ministry of all the priests in the diocese who hold his licence.”
The Crown Nominations Commission will be meeting at the end of January to choose the name that will be submitted to the Queen who formally makes the appointment. An announcement is expected within the next weeks.
The last two diocesan bishops have not accepted the ordination of women as priests and the signatories to the letter have urged the Archbishop and members of the Crown Nominations Commission to ensure that the 9th Bishop of Blackburn is a supporter of the ministry of women priests in the church.
For further information please contact:
The Revd Chris Newlands, Lancaster Priory.
The first meeting of the Crown Nominations Commission for the See of Blackburn was held on 10 January. The second meeting is due to be held on 30/31 January.
49 CommentsIn a guest post at Law & Religion UK Christopher Luff has written Eweida et al v United Kingdom: some thoughts on the wider ramifications.
And in a guest post at the ECHR Blog Paul Johnson has written Eweida and Others Judgment Part I – The Sexual Orientation Cases.
Erica Howard has written at EJIL TALK! The European Court of Human Rights Gets It Right: A Comment on Eweida and Others v the United Kingdom.
As a follow-up to the radio discussion of the role of the Christian Legal Centre yesterday, readers may find its briefing paper of interest.
Other views have been expressed by Cranmer in Victory for religious symbols; defeat for the religious conscience, and by European Dignity Watch in ECHR: “Obsessive political correctness” trumps freedom of conscience.
2 CommentsThe BBC Radio 4 programme Sunday today has a major feature on this.
Starting at about 27 minutes in, there is a lengthy discussion, not only of the court’s rulings, but also of the role played in them by advocacy groups such as the Christian Legal Centre.
The BBC’s own description:
In light of the European rulings on 4 religious discrimination cases this week William asks if the courts are the right place to decide what expressions of faith and belief are acceptable in the workplace. Christian Legal Centre’s Andrew Marsh, gives his opinion.
Also in the programme:
8 CommentsA leading Evangelical, Steve Chalke, this week published an article arguing that the Church should bless committed homosexual partnerships without requiring that they should be celibate. He debates with Dr Stephen Holmes of the Evangelical Alliance who defends their current teaching that gay sex is sinful.
Law and Religion UK Frank Cranmer Chaplin, Eweida, Ladele and McFarlane: the judgment
Cif belief Mark Hill Lillian Ladele is the real loser in Christian discrimination rulings
Guardian Joshua Rozenberg Balancing Christian and gay rights isn’t easy – give Strasbourg some credit
Law and Lawyers Eweida and others v UK ~ a look at what is being said? which in turn has links to several further articles.
Also, from the Guardian Local Government Network, Phil Allen What a religious discrimination ruling means for local government.
And the International Business Times has this: Full Gay Rights Threaten Christians in Public Life, Says Anglican Mainstream.
13 Comments