See earlier reports here, and then here.
The Church of Ireland Gazette last week published an editorial column, which can be read in full here (scroll down a little).
CIVIL PARTNERSHIP CONTROVERSY
There has been concerned and very deep reaction to the recent revelation that the Dean of Leighlin, the Very Revd Tom Gordon, who is open about being a gay man and was appointed as Dean last year, has entered into a same-sex civil partnership. The situation gained added momentum after Dean Gordon confirmed on Radio Ulster’s Sunday Sequence programme on 4th September that this had been with the prior knowledge of his Bishop and without being asked for any assurances regarding lifestyle. In addition, he said that he had initially declined to be considered for the post of Dean but that, after being pressed to reconsider, had agreed to allow his name to go forward for interview on the understanding that “this is who I was and also that this would be what would be happening”.
While civil partnership is not marriage and does not necessarily involve same- sex sexual expression, there is a very wide perception that it is a form of gay marriage, and perceptions are, of course, often as important as facts. No doubt for this reason, and also because the Christian ethical aspect of same-sex expression is theologically highly contentious, Church of England bishops ask clergy entering civil partnerships to give an undertaking that their relationship is celibate. Differing views on this subject have co-existed in a relatively settled way in the Church of Ireland during the whole inter-Anglican debate over recent years, but what has now developed jeopardises that situation. While those on one side see an advance for gay rights in the Church, those on the other side feel that there has been an unacceptable, unilateral move on the subject. There is thus a sense of ‘log-jam’, and it is dangerous.
This is a time both for an honest speaking of minds and for action that displays Christian grace. Without openness, matters cannot really be confronted; without grace, the Church is untrue to itself.
Regular central meetings of the Church of Ireland are due to be held shortly and the Archbishop of Armagh has indicated that the subject in question will be considered by the Bishops in the near future. The Church now needs a breathing space and the relevant bodies should be allowed the opportunity to reflect, with urgency, leading to the best steps that can be taken to guard the Church of Ireland’s unity in truth and holiness.
The same link also contains (scroll down more) a number of letters to the editor on this topic.
Today, there are reports in the Portadown Times of a further statement from ten clergy: Clerics unite against civil partnership.
21 CommentsUpdated again Monday
The Anglican Mission in England has published an article by Vinay Samuel and Chris Sugden titled AMIE is a game-changer.
The ordinations of three young Englishmen by the Archbishop of Kenya in June and the launch of the Anglican Mission in England was a “game-changer”. It marked a turning point after four and a half years of discussions with and proposals to Lambeth Palace. These discussions were to seek a way of providing effective Episcopal oversight to those for whom this had become problematic in the Church of England.
The launch of AMIE and the establishment of its panel of bishops indicated that we would no longer play the game of Church of England politics as defined by the Church of England Establishment.
The rules of the Establishment are premised on the fact that they have the luxury of time. They hold all the cards. All they have to do is to sit where they are. Their main tactic is to weaken the orthodox ranks in two ways: by co-opting some of the orthodox into their number and second by suggesting that there is such a significant divergence of views among the orthodox that they have neither coherence nor cohesion…
The first comment on this article has appeared at Episcopal Cafe where Nick Knisely has written Speaking frankly about the Anglican Mission in England.
…Much of this is familiar to people who remember the first moves of the AMIA movement here in the US back in 2000 and the subsequent irregular ordinations of Chuck Murphy and John Rodgers to the episcopate. This latest essay makes clear that the new organization in England is also planning to ignore the rules of the Anglican Communion when they get in the way of their goals.
It will be interesting to see how the arc of this storyline parallels that of the Episcopal Church’s experience with their dissident voices over the last decade.
Lesley Crawley offers AMiE – An explanation
Vinay Samuel and Chris Sugden (pictured here with Chris on the left) have written on the AMiE web site an extremely schismatic piece, explaining what AMiE (Anglican Mission in England or St Augustine Society) is trying to achieve:
- “It has a different view of being Anglican which embraces a global Anglican identity based on the Bible rather than a technical institutional identity.”
- “It has a different view of episcopacy…”
- “It has a different view of women in ministry…”
- “we will remain Anglican but not on the current terms of the CofE establishment…
So lets get this straight – the Church of England, through General Synod (of which Chris Sugden is a member) has determined its view on episcopacy, women’s ministry and the determination of Anglicanism.
Normally when people belong to an organisation with which they disagree they leave it. But not in this case – why is it that AMIE wish to remain in the Church of England if they have such a low opinion of it?
Colin Coward offers Which game is AMIE playing?
…The astonishing thing in the statement issued by Chris Sugden and Vinay Samuel about AMIE being a game-changer is that God doesn’t get a look-in until paragraph 9, and gets just that one mention – AMIE will follow the calling to mission wherever God leads. Even more astonishing for an organisation that claims the Biblical and theological high ground is that Jesus doesn’t get mentioned at all…
I know this is an audacious proposal, but I’d like to call Chris Sugden and Vinay Samuel back to the reading of the Bible and discover there a complex narrative of humankind’s experience of and relationship with the God who calls and reveals, tenderly, intimately, infinitely in love.
Jonathan Clark offers The Anglican Mission in England
44 Comments…I’m not prone to getting seriously cross, but the tendentious mis-representation of the Church put out by AMiE in their recent statement has brought me close to the brink. It’s not just that they want to set up a church based on the myth of doctrinal purity, nor that they seem to want to do so from within the Church of england, rather than doing the decent thing and leaving. It’s that they have the temerity to claim that they are the true inheritors of Anglican identity.
No-one with any knowledge of history could claim that the Anglican history has been characterised solely by the desire for peace and inclusivity. There have always been plenty of people who wished to purify it of those who were different. But they have never quite succeeded, at least not up till now.The DNA of Anglicanism has been too much wound together with the geography of dioceses and parishes, with the knowledge that we were the church for all the people of the place, if they wished to come to us. That’s what we’re for. We’re a church full of diversity, for a diverse nation. That is the Anglican mission in England – always has been, still is…
Updated Tuesday morning
Changing Attitude Ireland has published the following statement:
Changing Attitude Ireland Responds to Dean Gordon’s Civil Partnership and Resulting Statements in the Media
Firstly, Changing Attitude Ireland would like to extend its hearty congratulations to Dean Tom Gordon and his partner on their civil partnership, and wish them God’s continued blessing on their life together as it enters a new phase.
We would also like to commend them on their courage. It is never easy to be a path-breaker, and some of the reaction to the news of their partnership was singularly lacking in charity; it must have been quite bruising to be on the receiving end of it. We assure them of our gratitude and our prayers.
In the Church of Ireland, we have always lived with profound differences in our understanding of issues of significant theological weight, such as the nature of God’s revelation in Holy Scripture and our understanding of the Sacrament of Holy Communion. We have lived with significant differences in our approach to personal sexual morality, for example in our approach to divorce and remarriage. Despite these differences, relations within our Church have always been characterised by tolerance, charity and good humour.
The decision of a priest in the Church to enter into a civil partnership is certainly of no more theological significance, and arguably of considerably less, than other issues where the Church of Ireland has accommodated diversity with mutual generosity and grace.
We are therefore saddened and perplexed by the joint statements released by four Conservative Evangelical and Charismatic groups following the announcement of Dean Gordon’s civil partnership. These have only served to raise the temperature within the Church of Ireland, and have not contributed to reasoned discussion; and their content raises a number of other concerns.
Dean Gordon’s partnership of 20 years has been widely known in the Church of Ireland for almost that entire period. These statements have not been a consequence of a Church of Ireland clergyman living in a same-sex partnership per se, but of a Church of Ireland clergyman choosing to formalise that partnership in law.
The attitude of the four Conservative Evangelical and Charismatic groups seems, therefore, to be that it is alright to be in a same-sex relationship as long as one is not public about it. Previous generations of gay people in Ireland were forced to hide their love for fear of prison. When Irish society has become overwhelmingly tolerant of homosexuality, it is distressing that these groups seem primarily interested in perpetuating a culture of secrecy in the Church.
The intrusive, public, questioning of Dean Gordon’s private life in the two statements displayed incredible arrogance and poor taste. More seriously than that, it seems to violate the Scriptural command to turn judgement first on ourselves before we judge our neighbour. It also displayed un-Christlike double standards – it is inconceivable that the private life of any other clergyperson in the Church of Ireland would be subject to such impertinent prurience.
But this is only the tip of an iceberg of an unhealthy obsession with the subject of homosexuality from Conservative Evangelical groups in the Church of Ireland. Seven of the eight statements published on the homepage of the Evangelical Fellowship of Irish Clergy, for example, concern the issue of homosexuality. As Christians, we worry that this elevates dogmatic legalism above spreading the good news of salvation in Christ. Those looking in from outside the Church are more likely to see a weird fixation on what gay men and women get up to in the privacy of their own homes.
The people of this island, especially our young people, are fearful of the future, cynical about church and state leaders who promised much but betrayed their promises, and unwilling to give credibility to anyone who has not earned it. Our people have seen church leaders who imposed their view of sexual morality on others and bullied and abused those who disagreed revealed to be corrupt and corrupting. Is an obsession with homosexuality really likely to bring them to Christ?
There are also issues of personal sexual morality where those on all wings of the Church could work together. The advertising industry sexualises our children at a frighteningly young age. In this internet age, the temptation to look at pornography is only a mouse-click away, and yet we do nothing to build up our people to resist. Indeed, these are issues where we could work with groups who are often deeply cynical about the Church, such as secular feminists, and break down misconceptions that frustrate mission. With so many areas where we could work together, it is all the more sad that some seem intent on driving people apart.
ENDS
Changing Attitude Ireland is a Church of Ireland group with ecumenical friends, campaigning for the full acceptance of lesbian, gay, bisexual, transgendered and intersex people in the Church.
updates Tuesday
Church News Ireland has published a report of the radio discussion on Sunday Sequence last Sunday, see BBC airing of clergy and civil partnerships issue.
The Belfast Telegraph has published Bishop under fire over cleric’s gay marriage.
33 CommentsUpdated Saturday morning
ACNS report the latest development: As Zimbabwe priest is freed, bishop is robbed of communications equipment.
The Bishop of Harare the Rt Revd Dr Nicholas Chad Gandiya said he is suspicious of a robbery at his house in which only money and communications equipment were taken.
On the same day that international media carried the news of the arrest and imprisonment of Anglican priest Reverend Julius Zimbudzana and of the impending visit of the Archbishop of Canterbury to Zimbabwe, four men forced their way into the bishop’s home on Thursday evening. They ordered him and his family to lie on the floor and then proceeded to ransack the house.
Bp Chad said, “We gave them all the money we had between us all which came to $600 to $800. They threatened to kill us if we did not give them money. They searched my son’s bedroom and ours for money and any valuables they could get. They literally trashed our bedroom. They took my laptop and my son’s two laptops and all our cell phones.
“They shoved us all into the bathroom and tried to lock us in but it did not work. They threatened to load all our property in cars and take it all away. We rejoice and thank God that none of us were hurt. We simply did what they told us to do.
“I am however, very suspicious of this robbery. It seems what they were after were just the laptops and phones.”
He added that the robbery means that his ability to communicate is now, of course, much more limited than before.
The robbery took place only hours after the priest in charge at St Mary’s Anglican Church, Reverend Julius Zimbudzana, was finally released from jail after being arrested on a charge of taking over Anglican church property worth over US$1.5 million…
Saturday morning updates
Mail Online Archbishop of Canterbury risks church split as he seeks to meet Mugabe
Telegraph More Anglican churches and properties seized in Zimbabwe
SW Radio Africa Mugabe’s Bishop Kunonga evicts nurses, school head and priests and also OUTSIDE LOOKING IN – A letter from the diaspora
Council on Foreign Relations Archbishop of Canterbury Wants to Meet with Mugabe
1 CommentUpdated Friday
Since the October visit of Archbishop Williams was announced, there have been further developments in Zimbabwe.
ACNS Anglican Bishop of Harare: “Priest’s arrest for ‘theft’ of US$1.5 million is baseless”
Highlands Police today (Tuesday 6 September 2011) arrested Reverend Julius Zimbudzana, the priest in charge at St Mary’s Anglican Church for allegedly taking over Anglican church property worth over US$1.5 million as police intensified their persecution of the Anglican Church, hiding behind unjust court rulings.
Dr Nicholas Chad Gandiya, the Bishop of the Anglican Diocese of Harare in the Church of the Province of Central Africa (CPCA) immediately dismissed the charge as persecution of the Anglicans under the CPCA by the police, acting on the instructions of the ex-communicated Dr Nolbert Kunonga.
“That [accusation against Revd Julius] is unfounded, baseless and without foundation,” Bishop Gandiya said. “This is very strange indeed as no parish in our diocese (perhaps the exception of the Cathedral Parish) has properties worth that much. He has been refused bail. The police claim they have clear instructions not to release him…”
Other reports:
Church of England Newspaper Harare eviction order appealed
SW Radio Africa via AllAfrica.com Anglican Priest Arrested By Police in Highlands
Telegraph Anglican priest arrested in Zimbabwe as Archbishop of Canterbury plans visit and also Archbishop of Canterbury ‘to meet’ Robert Mugabe in Zimbabwe
New Zimbabwe Archbishop of Canterbury to meet Mugabe
Friday updates
The Church Times has this report: Zimbabwe: priest arrested for ‘taking’ his own parish which also includes this:
…The Bishop of Rochester, the Rt Revd James Langstaff, has recently returned from a trip to the diocese of Harare, which has a link with Rochester.
Bishop Langstaff attended a diocesan conference with clergy, and said that it was a “slightly surreal experience, as off-stage we knew clergy were routinely being persecuted” and churches’ property being dispossessed. “Gradually, all of the clergy will be ousted from their own property. But, although Kunonga has the buildings, he has no people. He is only interested in making money.
“Congregations are now meeting in borrowed premises and tents, and are growing. I went to one church meeting in a tent. There was a very positive atmosphere, and people feel they are growing spiritually and are more committed — and feel good will come out of it. The congregations are in really good heart, but are concerned for their clergy.”
BBC Archbishop will find Zimbabwe Church in chaos
The Archbishop of Canterbury, Rowan Williams, will find his followers dismayed and a Church in chaos when he visits next month…
And the Telegraph has an editorial column: Christian courageous
13 CommentsThe Archbishop of Canterbury, Dr Rowan Williams, is right to expose himself to risk by visiting Zimbabwe, where many Christians practise their faith in fear, and meeting its President, Robert Mugabe…
Updated again Tuesday
The Church of Ireland has published Statement by the Archbishop of Armagh on Civil Partnerships and Serving Clergy.
Following media reports on the issue of civil partnerships and serving clergy, the following statement from the Archbishop of Armagh and Primate of All Ireland, The Most Revd Alan Harper, was provided to the BBC NI ‘Talkback’ programme and the Belfast Newsletter today, 7 September 2011:
’The recent civil partnership of a serving ordained Church of Ireland clergyman presents a new situation within the Church of Ireland. It is true to say that within the Church there is a range of views on same–sex relationships and there will also be a range of views and reactions to civil partnerships concerning clergy. I acknowledge that this issue has caused strong feelings and concern. While there are acknowledged differences of opinion within the Church, suggestions that it might split are, I hope, premature. In 2003 the Bishops of the Church of Ireland issued a pastoral letter on human sexuality which reflected the varied spectrum of views within the Church. The General Synod of the Church of Ireland has not made any statement or decision in addition to that. The Bishops will be addressing the matter again shortly. I trust that the Church and its bishops will continue to address this subject with mutual respect. The state has provided a right in law for same gender persons to have their partnerships recognized and specific rights conferred through civil partnership, This is not recognized as marriage by the Church of Ireland or by the civil authorities in Northern Ireland and the Republic of Ireland. Marriage is understood by the Church to comprise a lifelong and exclusive commitment by one man and one woman to each other. The Church has no provision or proposals for any liturgy for the blessing of civil partnerships and there are no authorized public rites of blessing for same–gender relationships.’
Some of the press reports:
Belfast Newsletter Cleric confirms gay partnership and ‘Dismay at CoI gay union’ and Gay row ‘may split church’
BBC Minister Rev Tom Gordon civil partnership ‘welcomed’
Irish Times Senior cleric in same-sex ceremony
Christian Today ‘Sorrow’ after senior Church of Ireland cleric confirms civil partnership
Friday morning updates
Changing Attitude Ireland has welcomed the news: CA Ireland congratulates Dean Tom Gordon and his civil partnership.
And this is the (later, fuller version of) the statement, jointly issued by the committees of the Church of Ireland Evangelical Fellowship, the Evangelical Fellowship of Irish Clergy, New Wine (Ireland) and Reform Ireland: Further joint statement by Evangelical groups in C of I.
In addition to that, Reform Ireland has published Civil partnership shame of the Church of Ireland.
Friday afternoon update
Belfast Telegraph Church of Ireland split fear over Irish cleric’s civil partnership
This story misquotes Canon Ian Ellis, editor of the Church of Ireland Gazette, as saying that the Dean had not informed his bishop beforehand, but according to the Gazette’s own report (available online only to subscribers):
The Dean said that he had told his Bishop, the Rt Revd Michael Burrows, before proceeding with the civil partnership, and confirmed that no assurances were required of him regarding a celibate lifestyle, as is required in the Church of England. However, he also said that he did not regard civil partnership as equivalent to marriage.
update Tuesday
The Belfast Telegraph has, in effect, corrected this error, see Bishop under fire over cleric’s gay marriage.
65 CommentsIn the previous Covenant article, mention was made of the recent analysis by Andrew Goddard.
Two developments in relation to that.
Alan Perry wrote this critique of it: Send in the Theologians
The editors of the No Anglican Covenant blog asked the ACO if what was claimed about IASCUFO working on reforms to the Instruments of Communion was correct. The answer is available here: Don’t Panic.
2 CommentsFrom New Zealand come reports that two further dioceses have voted against adoption of the Anglican Covenant:
Auckland Covenant clause ‘contrary to Anglican ecclesiology’
But, for the amended text of the resolution that was passed, please see the comments below.
Waiapu The following motion was passed by a 99.5% majority:
Waiapu affirms its desire to remain a member of the Anglican Communion. We do not believe that the proposed Anglican Communion Covenant will enhance the life of the Communion and request that General Synod/te Hinota Whanui declines to sign the Covenant. (All three regional conferences supported this motion going to Synod.)
The No Anglican Covenant campaign has criticised the materials recently issued in the Diocese of Oxford.
Meanwhile, the Living Church has published a number of articles in support of the Covenant, to which Lionel Deimel has helpfully provided a set of links. See this page. He explains why he did this here.
One of these is by Andrew Goddard who has published an interesting article which suggests that, in the light of the Anglican Covenant’s prospective adoption, some reforms are needed to the Anglican Instruments of Unity.
This is also available from the Fulcrum website: Commitment in Word and Deed.
14 CommentsFrom the website of the Diocese of Pennsylvania: Judge Rules in Good Shepherd, Rosemont, Case:
On Friday, August 26, the Honorable Stanley Ott issued an Order stating that David Moyer, a Bishop in the Traditional Anglican Communion, and two other individuals no longer have any right or authority to serve as rector or on the vestry of the Church of the Good Shepherd, located in Rosemont Pennsylvania. Judge Ott determined that the Standing Committee and Ecclesiastical Authority of the Diocese are charged with the responsibility of deciding whether an individual may serve in the pulpit of an Episcopal Church and whether particular members of a vestry have acted in compliance with the Constitution and Canons of the Episcopal Church. Judge Ott’s Order was effective immediately and, as of this date, neither Bishop Moyer nor the two individuals have sought a stay of the Order which, if granted, might allow Bishop Moyer to remain at Good Shepherd pending any appeal.
By way of background, the individuals who founded the Church of the Good Shepherd over a century ago included language in the deeds and in the Church’s Articles of Incorporation which provided that the parish was to be forever operated in accordance with the Canons and Constitution of the Episcopal Church. Fundamentally, of course, this required the Vestry to employ as rector a priest licensed by the Bishop to officiate in this Diocese and to undertake the same burdens and responsibilities imposed by the Episcopal Church and the Diocese on all of the parishes in this Diocese. Bishop Moyer has not been licensed by the Bishop to officiate in this Diocese since 2002; the Vestry has employed a series of assistant rectors at Good Shepherd which likewise had not been licensed and had otherwise failed to comply with the requirements of the Diocesan Canons and Canons of the Episcopal Church…
The judge’s order can be read in full from here (PDF).
The Philadelphia Inquirer reported this: Defrocked Episcopal priest loses bid to retain Montco parish.
The statement from the vestry of the parish can be found here.
A farewell address by David Moyer is on the parish website.
7 CommentsDear brothers and sisters in Christ,
As Tuesday’s Vestry email stated, I respect and submit to Judge Ott’s Decree. This means that my ministry as Rector has ended.
I am now engaged in what is required to move out of my office, and in informing the Vestry what the specific areas are that have been my responsibility for the past twenty-one years, and the areas I assumed beyond set and expected responsibilities.
I want to repeat what I have said previously. I know that as individuals and as families, whatever choices are made (and they may change in the future), I love you all, and will never let different choices break the bonds of affection and care I have for all of you…
Third Sector reports: Charity Commission publishes further guidance on the Equality Act.
Equality Law has Charity Commission issues new Equality Act guidance.
New guidance has been issued by the Charity Commission which sets out its views on the application of the new charities exception in the Equality Act and the circumstances in which a charity may restrict its benefits to a group defined by reference to a protected characteristic.
The Charity Commission advice is here: Equality Act guidance for charities: Restricting who can benefit from charities .
This may be of interest to those who have been following the case of Catholic Care.
3 CommentsThe Church Times reports: Williams to visit Zimbabwe as harassment continues.
And Ekklesia has a report from ENInews headlined Anglican leader to seek meeting with Mugabe in Zimbabwe.
An earlier Church Times report said: Kunonga looks over the border as evictions bite.
And there was this ACNS report: Zimbabwe Anglican Church fights to reclaim its properties and end attacks.
The Church of England Newspaper has Mugabe meeting for Archbishop Williams and earlier Anglican clergy under siege in Harare.
13 CommentsColin Coward has penned four notes to correct various claims made by Anglican Mainstream recently.
Misapprehensions by Anglican Mainstream – 1
On August 17th, 2011 Dr Philip Giddings, Convenor of Anglican Mainstream, responded to the open letter from Rev Benny Hazlehurst (writing on behalf of the LGBT Anglican Coalition) about conversations with the two groups of bishops appointed by the Archbishop of Canterbury, one broadly conservative, the other broadly liberal.
The first issue I want to address is whether or not the broadly liberal group, then convened by John Saxbee, Bishop of Lincoln and now by Peter Price, Bishop of Bath and Wells, had engaged in conversations with Changing Attitude or any of the other LGBT groups…
Misapprehensions by Anglican Mainstream – 2: What happened at Lambeth 1998
Misapprehensions by Anglican Mainstream – 3: The Listening Process
Misapprehensions by Anglican Mainstream 4: The Listening Process will change the Church
14 CommentsToday’s Church Times carries a news report, by me, on the recent meeting of the International Anglican Liturgical Consultation.
See ‘Respectful’ hearing for gay-rites debate.
“RITES relating to marriage” was the subject under study by 56 Anglican liturgists at the biennial meeting of the International Anglican Liturgical Consultation (IALC) earlier this month in Canterbury. Continuing work that was begun two years ago in New Zealand, a report on this topic will be completed by December.
Participants came from 19 Anglican provinces, including Brazil, Hong Kong, Nigeria, and the Southern Cone. Topics included theology, cultural contexts, and the shape and elements of ritual. Papers were delivered by the Bishop of Central Tanganyika, the Rt Revd Mdimi Mhogolo, and by the Revd Dr Simon Jones, of Merton College, Oxford…
…In addition to the regular sessions, there was a separate presentation by members of the Standing Commission on Liturgy and Music (SCLM) of the Episcopal Church in the United States on their development of a theological rationale and liturgical principles for same-sex blessings. Those who attended were asked to give feedback by considering specific questions in small working groups.
The chair of the IALC, Dr Eileen Scully, from Canada, said on Thursday of last week that the purpose of the IALC meeting was to work on rites related to heterosexual couples only. In countries where civil-marriage laws were changing, however, to allow either civil unions or same-sex marriage, Churches faced challenges. They needed to reflect on the parallels with traditional marriage…
Anglican Communion Office backfiles of material on IALC here.
18 CommentsThe Church Times has a report by Pat Ashworth Nurses win abortion battle.
The first part of this deals with the case reported here: Equality Act applied in abortion case.
The second part deals with the EHRC intervention: Equality Commission reveals its views on 4 cases at the European Court. This finishes with a quote from me, which unfortunately got shortened in the editing process. The full quote reads as follows:
5 CommentsMany observers will welcome the EHRC’s suggestion that the rights of Eweida and Chaplin, under Article 9(2) of the European Convention on Human Rights to manifest their Christian beliefs, were not adequately considered. It is unclear why claims such as theirs ever came before the courts at all.
However, the EHRC’s view that the domestic courts came to the correct conclusions in the cases of Ladele and McFarlane will be very unwelcome to those who have campaigned so vigorously and so long on their behalf. Most employment lawyers though will breathe a sigh of relief that common sense has again prevailed.
Back in June, we noted that a Church Times leader had said this about that Legal Opinion, which was first reported much earlier in May.
In May, our view was a negative one, since the document listed several reasons why the appointment of a gay bishop could be blocked. This week’s positive spin has not changed our opinion. As the leaders of the “gay-led” Metropolitan Community Church in Manchester wrote to Dr Williams this week, “We note that [unlike a gay candidate] heterosexual candidates for bishoprics are not asked to repent of any sexual activity with which the Crown Appointments Commission may be uncomfortable.” More than one serving bishop has said that he would have considered it an impertinence had he been asked about his sexual history.
The legal advice has no more weight now than before it was circulated to Synod members. It was not approved by the Bishops when they discussed it in May, not least because, to many, the brief was not how to remove discrimination within the Church, but how to continue it untroubled by the law.
The full text of the letter to Rowan Williams from MCC leaders mentioned above (and which was published here) is copied in full below the fold.
6 CommentsThe Very Reverend Keith Jones, Dean of York has written to the Catholic Herald, responding to an intemperate and ill-informed attack on York Minster’s admissions charges and the Church of England in general.
An entry charge at York Minster is needed to maintain such a gigantic building
58 CommentsSIR – William Oddie makes very hostile comments about York Minster in protest at the entry charge, and many other things. He does not say how otherwise we are to maintain this gigantic building, which is not subsidised by the state, and which employs (proudly) numerous skilled workers in stone and glass, and music and teaching, to maintain York Minster for the nation and the world at large. We are not profiteers, but a charity. We take pains to make our references to our constant worship and Christian witness such that non-Christians will not be put off, but his sneers fail to mention that we give free entry to acts of worship or the fact that hundreds attend Evensong each day.
Then there is his charge of the Minster being “purloined” at the Reformation. As an expression of hard-line opinion he is entitled to utter it, but for those Christians who hope and pray for better it is crude and hopeless. For the record, our Anglican view is that York Minster is the product and expression of English Christianity, and belongs now as always to the people of England under their lawful sovereign. The Dean and Chapter maintain and administer it for them by the same law of the land.
The relationship of the Church of England with the see of Rome has varied in form considerably over the centuries; however, we do not believe that the Church of this land is constituted by our recognition of the jurisdiction of the Pope and we hold to the hope of a union of the Churches in which we can belong together again, the honour (and even primacy) of the Roman see being appropriately recognised. Of course it is a difficult thing, but York Minster is a place where already many traditions of English Christianity meet often in friendship and hospitality, praying together and sharing many things we hold in common. Mr Oddie’s accusations of criminality hardly relate to what we believe to be the guidance, let alone the charitableness, of the Holy Spirit, but rather to the jeers of sectarian strife.
Yours faithfully,
Keith Jones
The Equality and Human Rights Commission has published Legal intervention on religion or belief rights: seeking your views.
Last month we announced that we had applied to intervene at the European Court of Human Rights and we have now been granted permission to do so.
We are considering using the four cases already before this Court as a platform to advise on and clarify the interpretation of human rights laws. We are seeking your views on our proposed submission on the human rights elements of the four cases claiming religious discrimination, and separately, whether the concept of reasonable accommodation has any useful practical application in cases concerning the manifestation of religion or belief…
And there is a 6 page consultation document (.doc)
The essence of their position is this:
We propose to intervene in:
• Eweida and Chaplin on the basis that the Courts may not have given sufficient weight to Article 9(2) of the Convention.
• Ladele and Mcfarlane on the basis that the domestic courts came to the correct conclusions.
And
We had suggested that our intervention might put forward the idea of extending the concept of reasonable accommodation beyond disability. However, we also know that this idea needs more careful consideration than the timetable for the European Court of Human Rights allows.
So they won’t now be doing that, but they are seeking views on the subject.
13 CommentsNeil Addison reports on his Religion Law Blog about a new use of the Religion and Belief provisions in the Equality Act 2010.
See Abortion and the Equality Act.
…From the facts it was clear that the Hospital had not recognised or accepted that the Nurses had a legal right to refuse to participate. EMA has been held by the High Court, in the BPAS case mentioned, to be an Abortion procedure under the Abortion Act 1967 and as such the Nurses had an absolute right to refuse to participate under the conscientious objection provisions of s4 of the Abortion Act.
Abortion Act 1967 – 4. Conscientious objection to participation in treatment
(1) Subject to sub-section (2) of this section, no person shall be under any duty whether by contract or by any statutory or other legal requirement to participate in any treatment authorised by this Act to which he has a conscientious objectionTMLC wrote to the hospital stating that the Nurses were refusing to work in the Clinic and quoting their rights under s4 Abortion Act. The letter also stated that their belief in the sanctity of life from conception onwards was a philosophical belief protected under the Equality Act and therefore any attempt to pressure them into participating in the Abortion Clinic or to suggest that their refusal would affect their career would be illegal under the Equality Act 2010.
This particular interpretation of the Equality Act has never, to my knowledge, been argued before however since the Courts have accepted that the philosophical belief in Global warming is protected under Equality legislation, see Grainger Plc & Ors v. Nicholson [2009] UKEAT 0219_09_0311 I could see no reason why belief that human life begins at conception should not be equally protected.
The reason for including the Equality Act in the letters to the Hospital was in order to provide the Nurses with additional protections. Section 4 of the Abortion Act though it is clear does not provide any enforcement mechanism and also does not protect a conscientious objector from being pressurised to participate in Abortion, held back in their career due to their pro-life belief or indeed not employed in the first place. However using the Equality Act as well as s4 of the Abortion Act meant that the Nurses would be able to claim Harassment, Victimisation or Discrimination in an Employment Tribunal if they were put under pressure at work because of their reliance on the conscientious objection protection in s4…
Gavin Drake has some further comments on this.
3 CommentsIn June we reported that Catholic Care had been refused leave to appeal by the Charity Tribunal, but noted that the agency’s solicitor had said:
the charity could appeal to the Upper Tribunal for a review of the charity tribunal’s decision not to allow the appeal. He said trustees had not decided whether to do so.
And it is now reported that they have done this. See this from Third Sector Catholic Care given leave to appeal again.
…After a further charity tribunal ruling in June that it would not accept an appeal against the decision, Catholic Care has appealed to the Upper Tribunal, which has the same status as the High Court.
The Upper Tribunal confirmed this week that it would allow the appeal.
Benjamin James, a solicitor at the law firm Bircham Dyson Bell, acting on behalf of Catholic Care, told Third Sector the charity would argue in its appeal that the charity tribunal had failed to properly perform the balancing act required to determine whether discrimination was reasonable given that, according to the charity, the alternative was closing its adoption service.
James said the charity would attempt to overturn the charity tribunal’s ruling that it had not provided sufficient evidence to show that losing funds from the Catholic Church would force it to close the service. The tribunal had suggested the charity could raise money from other sources…
The historical background to this case can be found in this excellent article in Caritas from last October, by Michael King and Fraser Simpson Equality v religious belief. They then go on to comment:
15 CommentsThe Archbishop of Canterbury spoke in the House of Lords yesterday. His remarks are here.
So did the Archbishop of York. Text over here.
The Bishop of London also made comments, after visiting the affected areas. See this.
Today’s Church Times (press date Wednesday) carries reports of church responses.
See Rioters help themselves; Christians help victims by Ed Thornton
and also Bishop contrasts ‘thuggery’ of vandals with soldiers’ sacrifice.