The 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 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 CommentsThis morning there are many more articles commenting on the decisions announced yesterday in Strasbourg.
Guardian
Editorial Religious freedom: Strasbourg’s balancing act
Cif belief Andrew Brown The BA Christian case was judged rightly, and a true test of tolerance
Independent
Editorial: Strasbourg performs a double service for us
Jerome Taylor A loss for the Christian lobby: the ECHR ruling reinforces the crucial point that religious rights don’t automatically trump the rights of others
Telegraph
Editorial: A new intolerance is nudging faith aside
Graeme Archer Is the ECHR the enemy of Christians? Or their friend?
Liberty Court of Human Rights delivers common-sense judgment on religious freedom and equal treatment
Theos European Court judgements send wrong message about religious freedom, says Theos
Evangelical Alliance Religious beliefs need common sense protection – response to European Court judgement
Religion Law Blog has Eweida and Others – First Views
Head of Legal has Strasbourg judgment: Eweida and others v UK
The Telegraph has Eric Pickles: Christian cases ‘should not go to Strasbourg’
More links available via Ekklesia at Commentary on the Strasbourg judgement: Eweida & Others v. the UK
5 CommentsUpdated
The judgment of the European Court of Human Rights is now available in the cases of Ms Nadia Eweida, Ms Shirley Chaplin, Ms Lillian Ladele and Mr Gary McFarlane.
In brief, only Nadia Eweida won her case.
See the full text of the judgment at this page, or download a PDF file here.
The court’s own press release is over here (PDF).
Telegraph John Bingham Christian wins right to wear cross at work
BBC British Airways Christian employee Nadia Eweida wins case
Guardian Owen Bowcott BA worker’s rights were infringed by cross ban, European court rules and Ruling on Christian’s right to wear cross ‘does not trump other human rights’
The Archbishop of York has issued a statement: Wearing religious symbols at work.
The National Secular Society has issued a statement.
And the British Humanist Association has issued this statement.
Rosalind English has written at UK Human Rights Blog Strasbourg rules against BA on crucifix issue.
Church Times Gavin Drake British Airways wrong in cross case, says European Court in landmark judgment
15 CommentsThe Anglican Church in North America included this comment in its latest Communique:
26 CommentsWe noted the communication of the House of Bishops of the Church of Nigeria (Anglican Communion) concerning the recent decision of the House of Bishops in the Church of England to allow those in civil partnerships to be eligible to serve as bishops. This impacts both the doctrine of marriage and that of episcopacy. The Nigerian bishops wrote:
When the Church of England failed to exercise its legal and moral right to opt out of the civil partnerships legislation in 2005 warnings were given in England and around the Anglican Communion that this was a first step towards the recognition and institutionalization of behaviour contrary to the plain teaching of scripture and reaffirmed for all Anglicans by the 1998 Lambeth Conference in its Resolution 1.10. Sadly those warnings were ignored and we now face the next step in a process that could very well shatter whatever hopes we had for healing and reconciliation within our beloved Communion….
As a House of Bishops, while we acknowledge that we all fall short of God’s call to holiness, we dare not compromise the clear teaching of our Lord on faithfulness within Holy Matrimony and chastity outside of it. Sadly we must also declare that if the Church of England continues in this contrary direction we must further separate ourselves from it and we are prepared to take the same actions as those prompted by the decisions of The Episcopal Church (USA) and the Anglican Church of Canada ten years ago.
The College agreed with the principle articulated in the Windsor Report that “what affects the communion of all should be decided by all.” The experience in North America has been that that the theological departures from historic Anglican norms have brought devastating consequences. The admonishment from the Nigerian Bishops will, if heeded, avoid further anguish.
A statement has been issued from the Primates of the Global South of the Anglican Communion:
25 CommentsWe, Primates of the Global South of the Anglican Communion, are deeply concerned and worried by the recent decision of the Church of England’s House of Bishops which approves that clergy livingin civil partnerships can be candidates to the episcopate.There is already an ambiguity regarding civil partnerships per se. We learnt that most civil partnerships, according to the Office for National Statistics in the UK, take place among the most sexually active age group. In addition dissolutions of civil partnerships are now increasing especially in the last few years. This puts into question the motives behind this civil partnership and adds to our confusion in the Global South.
When the Church of England allowed civil partnerships in 2005, they said that “The House of Bishops does not regard entering into a civil partnership as intrinsically incompatible with holy orders, provided the person concerned is willing to give assurances to his or her bishop that therelationship is consistent with the standards for the clergy set out in Issues in Human Sexuality.” Now, with allowing candidates for episcopacy to do the same, to whom should they give assurances? Clarification on this point is needed.
Sadly, both the decision to permit clergy to enter civil partnerships and this latest decision which some call it a “local option,” are wrong and were taken without prior consultation or consensus with the rest of the Anglican Communion at a time when the Communion is still facing major challenges of disunity. It is contrary to “the inter-dependence” which we try to affirm betweenchurches within the Communion. Moreover, it does not only widen the gap between the Church of England and Anglicans in the Global South, it also widens the gap between the Anglican Communion and our ecumenical partners. Further, it jeopardizes the relationship between us Anglicans living in the Global South and followers of other faiths, and gives opportunities to exploit such departure of moral standards that this type of decision may provide.
The Church, more than any time before, needs to stand firm for the faith once received from Jesus Christ through the Apostles and not yield to the pressures of the society! In other words, the Church needs to be “salt” and “light” and to present a distinctive message from that of the secular world around us.
We strongly urge the Church of England to reconsider this divisive decision.
+ Mouneer Egypt
The Most Revd Dr. Mouneer Hanna Anis
Bishop of Egypt with North Africa and the Horn of Africa
Chairman, Global South Primates Steering Committee++Nicholas Abuja
The Most Revd Nicholas Okoh
Primate of All Nigeria Bishop of Abuja
Vice-Chairman, Global South Primates Steering Committee++ Ian Maritius
The Most Revd Ian Ernest
Primate of the Indian Ocean Bishop of Mauritius
Hon. General Secretary, Global South Primates Steering Committee++Bolly Kuching
The Most Revd Datuk Bolly Lapok
Primate of South East Asia Bishop of Kuching
Hon. General Treasurer, Global South Primates Steering Committee++ Stephen Yangon
The Most Revd Stephen Than Myint Oo
Primate of Myanmar Bishop of Yangon
Member, Global South Primates Steering Committee++Eluid Nairobi
The Most Revd Dr. Eluid Wabukala
Primate of Kenya Bishop of Nairobi
Member, Global South Primates Steering Committee++Bernard Matana
The Most Revd Bernard Nhatori
Primate of Burundi Bishop of Matana
Member, Global South Primates Steering Committee++Hector Chile
The Most Revd Hector “Tito” Zavala
Primate of the Southern Cone Bishop of Chile
Member, Global South Primates Steering Committee++Henri Kinshasa
The Most Revd Kahwa Henri Isingoma
Primate of Congo Bishop of Kinshasa
Member, Global South Primates Steering Committee
Ed Thornton in the Church Times has this report: Civil partnerships: ‘We should have shown workings’.
11 Comments…Speaking on Monday, Bishop Paterson said that the group – whose other members were the Bishop of Portsmouth, the Rt Revd Christopher Foster, and the Bishop of Dorchester, the Rt Revd Colin Fletcher – had produced a 20-page report for the House of Bishops in May last year.
The group’s report examined three questions: should the moratorium be maintained or not? If not, should there be any additional requirements made of candidates for the episcopate that would not be made of those seeking a parish appointment? If so, what should those additional requirements be?
Bishop Paterson said that although the group “did make a proposal”, he could not say what it was. In addition, it had assumed that it would be asked to produce a final report. In May, however, the House of Bishops standing committee took over responsibility for the review.
The standing committee produced a shorter document, which was discussed by the Bishops when they met in December at Lambeth Palace. The Bishops issued a paragraph, included in a summary of decisions, on 20 December, which “confirmed that the requirements in the 2005 statement concerning the eligibility for ordination of those in civil partnerships whose relationships are consistent with the teaching of the Church of England apply equally in relation to the episcopate”.
Bishop Paterson said: “It is fair to say that what came out at the end did not represent the fairly considerable amount of work by our group and the standing committee. But something had to be said by the end of the year, because it had been promised…”
Updated 4.15 pm
The Bishop of Salisbury has issued this statement: The Church of England and the criterion for episcopacy.
…The other, chaired by the Bishop of Sodor and Man, considered the implications of civil partnerships in relation to the episcopate, something which had not been dealt with explicitly in the pastoral statement on Civil Partnerships issued in 2005.
In December the House of Bishops confirmed that the requirements in the 2005 statement concerning the eligibility for ordination of those in civil partnerships whose relationships are consistent with the teaching of the Church of England apply equally in relation to the episcopate.
This information has been available since the Summary of Decisions of the House of Bishops was posted on 18th December. It is good deal less dramatic than has been presented in the media in the last few days.
It might be helpful to note that other criteria are also used in the selection of bishops. The substance of this is contained in the service for the ordination and consecration of bishops…
Church Society has issued this press release:
Civil Partnerships and Christian Leadership
The church is open to all people, whatever their sexual orientation, to respond to Jesus’ call to “Repent and believe the good news!” (Mark chapter 1 verse 15). We stand in firm agreement with the church’s clear and biblically-faithful statement that sex is exclusively for heterosexual marriage.
We recognise how pastorally unhelpful the existence of civil partnerships is for gay, lesbian, and bisexual disciples in our congregations who are positively committed, in response to God’s word, to celibacy and fleeing sexual sin daily. Like many heterosexual believers, some have given up long-term relationships in their pursuit of Christ-like godliness in this area, often with great pain and immense difficulty. Our prayers are with them, and we would ask the whole church to be sensitive and supportive, as they look to Christ Jesus our only Lord and Saviour.
In this context, we do not believe that church leaders at any level should confuse and undermine the call of the gospel — to deny oneself and follow Jesus — which unfortunately would be the case if those who have chosen a different path by entering civil partnerships are permitted to undertake authorised public ministry in the church.
Church Society Council
Canon Chris Sugden has quite a lot to say about the topic in this article.
Savi Hensman has written at Ekklesia about how Uganda archbishop highlights Anglican differences on sexuality.
The Church of Nigeria (Anglican Communion) has issued this statement: The Church of Nigeria Responds to the Church of England Bishops and Civil Partnerships. Full text below the fold.
17 CommentsPress Release
8 January 2013. For Immediate Use
LGB&T Anglican Coalition Press Statement
On the admission of Bishops in Civil Partnerships to the Episcopate
The LGB&T Anglican Coalition welcomes the House of Bishops decision, confirmed on the 4th January 2013, to lift its moratorium of July 2011 on clergy in civil partnerships being nominated as episcopal candidates, even when living in conformity with the House of Bishops guidelines Issues in Human Sexuality.
The Bishops have decided that the requirements in its 2005 statement concerning the eligibility for ordination of those in civil partnerships, whose relationships are consistent with the teaching of the Church of England, will apply equally in relation to the episcopate.
We had been shocked and saddened by the imposition of the moratorium, pending the outcome of the review of civil partnerships by the House of Bishops working party chaired by the Bishop of Sodor and Man. Although the lifting of the ban is only a small step it removes a glaring injustice, and was one of many recommendations in the LGB&T Anglican Coalition’s submission to the Church of England working party on civil partnerships.
However, as we noted in that submission:
It is important that any appearance of discrimination on grounds of sexual orientation or gender identity against those who have made considerable sacrifices (which some might regard as excessive) to comply with current church teaching be avoided… any attempt to deter or exclude such candidates by singling them out for intrusive questioning, or because their views on the theology of sexuality differ from the current Church of England position when in fact bishops have a wide range of opinions on all manner of theological issues, is not only unjust and hurtful to the individuals concerned but also damaging to mission and ministry.
We are glad that the House has addressed this particular issue, but are surprised and disappointed that this appears to be the only outcome, even though the review was expected to be complete by the end of 2012. We look forward to seeing the full report. The recent unveiling of the government’s equal marriage proposals makes the House of Bishops review of civil partnerships even more relevant and we urge the House to publish its report as soon as is practically possible.
We also look forward to hearing from the wider review by the House of Bishops working party on sexuality which is chaired by Sir Joseph Pilling and which is due to report later this year.
With the outcomes of these two major working parties at its disposal, together with Archbishop-elect Justin Welby’s commitment to end church-based homophobia and to listen carefully and prayerfully to LGB&T people, the Church of England is well placed in 2013 to become a more generous, humane and Christian community for the people we represent, their families and supporters. We believe that valuing and supporting committed and loving partnerships, regardless of whether the partners are celibate, is vital for the integrity and credibility of the Church’s mission and ministry.
0 CommentsUpdated again 10 pm
Melanie McDonagh writes for the Spectator that Gay bishops and women bishops are not the same issue.
Giles Fraser writes for the Guardian Why gay bishops have to lie.
Colin Coward wrote at Changing Attitude Civil partnerships, the episcopate and the House of Bishops furore.
LGCM issued this press release: Go-ahead for bishops in civil partnerships welcome first step.
The Independent has this editorial: The unholy row over gay Christians.
Statements have been released by two retired bishops, Michael Nazir-Ali here, and David Gitari here.
Catholicity and Covenant has published two articles: Charity, moral imagination and discipleship: some reflections on the CofE House of Bishops statement and GAFCON, the CofE and civil partnerships.
Colin Coward has published again at Changing Attitude Archbishop of Kenya criticizes C of E decision on partnered gay bishops.
And, Colin has asked, and received, responses to queries from both the Bishop of Sodor & Man, and the Secretary General. Read about them in
Changing Attitude asks for Sodor and Man working party report to be published and then in
Why did the HoB take a decision about the eligibility of clergy in CPs becoming bishops?
The Archbishop of Uganda, Stanley Ntagali has weighed in here.
15 CommentsUpdated
The Church of England today issued a press release with this title: Statement Regarding Clergy in a Civil Partnership as Candidates for the Episcopate.
The Rt Revd Graham James, Bishop of Norwich, today issued the following statement on behalf of the House of Bishops of the Church of England:
“The House of Bishops’ Pastoral Statement on Civil Partnerships issued in 2005 did not address specifically whether clergy who entered such partnerships should be considered for the episcopate. What the House has now done, following the work undertaken by the group chaired by the Bishop of Sodor and Man set up last year, is to look at the matter again last month.
“The House has confirmed that clergy in civil partnerships, and living in accordance with the teaching of the Church on human sexuality, can be considered as candidates for the episcopate. There had been a moratorium on such candidates for the past year and a half while the working party completed its task.
“The House believed it would be unjust to exclude from consideration for the episcopate anyone seeking to live fully in conformity with the Church’s teaching on sexual ethics or other areas of personal life and discipline. All candidates for the episcopate undergo a searching examination of personal and family circumstances, given the level of public scrutiny associated with being a bishop in the Church of England. But these, along with the candidate’s suitability for any particular role for which he is being considered, are for those responsible for the selection process to consider in each case.”
Notes
The House of Bishops issued a statement detailing the business carried out at their meeting on 20 December 2012 which can be found here: http://www.churchofengland.org/media-centre/news/2012/12/house-of-bishops-summary-of-decisions-published.aspx
Paragraph 7 of that statement reads “The House considered an interim report from the group chaired by Sir Joseph Pilling on the Church of England’s approach to human sexuality. Pending the conclusion of the group’s work next year the House does not intend to issue a further pastoral statement on civil partnerships. It confirmed that the requirements in the 2005 statement concerning the eligibility for ordination of those in civil partnerships whose relationships are consistent with the teaching of the Church of England apply equally in relation to the episcopate.”
The statement follows on from the House of Bishops consideration of this matter on 1st July 2011 “Civil partnerships and same-sex relationships: a statement by the House of Bishops of the Church of England” which can be found here: http://www.churchofengland.org/media-centre/news/2011/07/civil-partnerships-and-same-sex-relationships-%E2%80%93-a-statement-by-the-house-of-bishops-of-the-church-of-england.aspx
The 2005 statement “House of Bishops issues pastoral statement on Civil Partnerships” can be found here: http://www.churchofengland.org/media-centre/news/2005/07/pr5605.aspx
When republished by the Anglican Communion News Service this article had the following additional note:
Editor’s note: From House of Bishops issues pastoral statement on Civil Partnerships 25 July, 2005 ‘The House of Bishops,’ [the statement] says, ‘does not regard entering into a civil partnership as intrinsically incompatible with holy orders, provided the person concerned is willing to give assurances to his or her bishop that the relationship is consistent with the standards for the clergy set out in Issues in Human Sexuality.’
Issues in Human Sexuality made it clear that, while the same standards apply to all, the Church did not want to exclude from its fellowship those lay people of gay or lesbian orientation who, in conscience, were unable to accept that a life of sexual abstinence was required of them and instead chose to enter into a faithful, committed relationship. ‘The House considers that lay people who have registered civil partnerships ought not to be asked to give assurances about the nature of their relationship before being admitted to baptism, confirmation and communion.’
And when republished by Episcopal News Service it had an even longer additional note:
12 Comments…The 2005 statement said in part that House of Bishops “does not regard entering into a civil partnership as intrinsically incompatible with holy orders, provided the person concerned is willing to give assurances to his or her bishop that the relationship is consistent with the standards for the clergy set out in Issues in Human Sexuality.”
That 1991 document said that “clergy cannot claim the liberty to enter into sexually active homophile relationships. Because of the distinctive nature of their calling, status and consecration, to allow such a claim on their part would be seen as placing the way of life in all respects on a par with heterosexual marriage as a reflection of God’s purposes in creation. The Church [of England] cannot accept such a parity and remain faithful to the insights which God has given it through Scripture, tradition and reasoned reflection on experience.”
Despite the need “to avoid public scandal,” the document rejected possible calls for bishops to be “more rigorous in searching out and exposing clergy who may be in sexually active homophile relationships,” First of all, the bishops said, it would be “grossly unfair” to assume that two people of the same sex living together were “in some form of erotic relationship.” Second, “it has always been the practice of the Church of England to trust its members and, and not carry out intrusive interrogations in order to make sure they are behaving themselves.”…
Law & Religion UK has published 2012 and 2013: retrospect and prospect.
This is a very comprehensive review of recent and forthcoming issues of a legal kind that affect Christians in England, and the Church of England in particular. Some of these have been discussed here previously, particularly those that relate to equality legislation or to discussions at General Synod.
The whole article is well worth a read, but in particular do scroll down to find a very valuable list of Bills before Westminster Parliament, 2012–13, and also a list of cases currently before the European Court of Human Rights.
The list of events in 2013 include:
0 Comments10 January: the College of Canons to meet in the Chapter House of Canterbury Cathedral to elect Justin Welby as the new Archbishop, having received a Congé d’Elire from the Crown.
4 February: Ceremony in St Paul’s Cathedral where the Dean of Canterbury will confirm to an episcopal commission that Justin Welby has been elected and will then become the 105th Archbishop of Canterbury.
21 March: Enthronement of Justin Welby at Canterbury Cathedral as the 105th Archbishop of Canterbury
We published the official summary of what was decided at the December House of Bishops meeting here.
Two articles have since appeared which discuss this.
David Pocklington wrote at Law & Religion UK Decisions by the House of Bishops and most of his analysis concerns the actions related to Women in the Episcopate. But he also notes:
…The House of Bishops is currently considering two aspects of human sexuality: one group is providing advice on the bishops’ review of the 2005 civil partnership statement, the membership of which was announced on 1st December 2011 another group to advise the HoB on the more general issues relating to human sexuality. The membership of this group was announced on 5th January 2012. With regard to the latter, the House considered an interimreport from the group, but pending the conclusion of its work in 2013, (i.e. the preparation of a consultation document), announced its intention not intend to issue a further pastoral statement on civil partnerships. However, it confirmed that the requirements in the 2005 statement concerning the eligibility for ordination of those in civil partnerships whose relationships are consistent with the teaching of the Church of England apply equally in relation to the episcopate…
Christina Beardsley wrote at Changing Attitude Whatever happened to the HoB working group on civil partnerships?
5 Comments…Paragraph 7 says that the House considered an interim report from the working party on sexuality chaired by Sir Joseph Pilling. It continues:
Pending the conclusion of the group’s work next year the House does not intend to issue a further pastoral statement on civil partnerships. It confirmed that the requirements in the 2005 statement concerning the eligibility for ordination of those in civil partnerships whose relationships are consistent with the teaching of the Church of England apply equally in relation to the episcopate.’
There is no mention of the working party on civil partnerships, chaired by the Bishop of Sodor and Man, which was formed prior to Sir Jospeh Pilling’s group, and was due to ‘report to the House in time for the House to reach conclusions during 2012.’
http://www.churchofengland.org/media-centre/news/2011/11/group-to-advise-house-of-bishops-on-2005-pastoral-statement-announced.aspxIt does look though, from paragraph 7, as if one important outstanding matter has been decided, namely, that a member of the clergy who is in a civil partnership is no longer automatically debarred from nomination to the episcopate. This appears to lift the ban on such nominations that was introduced when the working parties were announced in July 2011…
http://www.churchofengland.org/media/1289380/gsmisc997.pdf
The BBC carried this interview: Archbishop of Westminster attacks gay marriage plan
And Robert Pigott writes
This was Archbishop Nichols’s strongest attack yet on the government’s plans for gay marriage.
There was anger in his passionate criticism of the government’s plans, and a call to Catholics to become involved in the political struggle against them.
He said MPs would have a free vote on the issue, and they should feel the weight of the Church’s opinion.
I’ve never heard him speak with such emotion. This is something very close to the Church’s heart and his personally.
Many Christians – including Roman Catholics – do support marriage for same-sex couples, and the government has made it clear that no churches will have to perform gay marriages.
However, the Church feels very strongly, not about whether it has an exemption about carrying out same-sex weddings, but about the distinction between the ceremony – the wedding – and the institution of marriage.
The Church says the government’s plans will weaken society, “hollow out” marriage and diminish it for everyone else who’s been married.t
The text of the archbishop’s midnight mass sermon is published here.
The Independent reports: Archbishop of Westminster attacks gay marriage plan
And reports on a new public opinion poll: Gay marriage: public say Church is wrong
By a margin of 2-1, people oppose the Government’s proposal to make it illegal for the Church of England to conduct gay marriages. Asked whether its vicars should be allowed to perform such ceremonies if they wanted to, 62 per cent of people said they should and 31 per cent disagreed, with seven per cent replying “don’t know”.
And comments on the archbishop’s sermon: Editorial: The Archbishop’s unseasonal note
…No more of a shambles, it might be said, than the Archbishop’s Christmas message. His words might have given the impression that the Government would require the Roman Catholic Church to marry homosexual couples. But nothing is further from the truth. Indeed, one disappointing, even shameful, aspect of the proposed law is that the Church of England, the established Church, will be banned from conducting gay marriages, even though – as we report today – opinion is strongly in favour of letting individual priests do so if they wish.
And if the Church of England will not be permitted to conduct gay marriages, at least for the time being, it is unthinkable that any pressure would be placed on the Catholic Church, whose hierarchy is far more united in its opposition than that of the Anglican Church. The proposed legislation is designed to give gay people, not before time, full equality before the law. So what is the Archbishop so worried about?
Telegraph Gay marriage plans are totalitarian, says Archbishop of Westminster
Guardian Archbishop attacks David Cameron’s same-sex marriage plans
Update
Guardian Three in five voters back gay marriage, new poll shows and Same-sex marriage plan boosts Tory support among gay voters
51 Comments…Although Labour and Liberal Democrat supporters remain more likely to support gay marriage, with respective majorities of 67% and 71%, there is now also a majority among Conservative supporters. Among those who voted Tory in 2010, gay marriage now enjoys 52%-42% backing, a big turnaround from ICM’s survey in March, which recorded 50%-35% opposition from 2010 Conservative voters.
Both men and women support gay marriage, although the majority is bigger among female voters, 65% of whom support gay marriage, compared with 58% of men. Gay marriage is backed by 60%+ majorities across every nation and region, the 74% majority recorded in Wales being the most emphatic. There is a pro-gay-marriage majority, too, in every social class – although the majority is somewhat smaller in the DE class, which contains the lowest occupational grades. Fifty-one per cent of this group is in favour of the change, as opposed to 68% in the C1 clerical grade, which emerges as the most enthusiastic.
Sharper differences emerge when the results are analysed across the age ranges. The over-65s resist the proposal, by 58% to 37%, but support is progressively stronger in younger age groups. The pro-reform majority is 64% among 35-64s, 75% among 25-34s, and an overwhelming 77% among 18-24s…
Paul Johnson has written an article for the Jurist titled Same-Sex Marriage To Be ‘Illegal’ in the Church of England and Church in Wales. He argues that the effect of an on-going human rights debate in the British Isles and the European Court of Human Rights may have a detrimental effect on the same-sex marriage debate in the UK…
I found this paragraph particularly interesting:
…On the basis of a growing moral panic about human rights in the UK, the government has announced deeply problematic legislation. Whilst they will extend marriage to same-sex couples in England and Wales, they will also amend the Equality Act 2010 to establish a form of legal discrimination in marriage based on sexual orientation. They will also write legislation to make same-sex marriage in a Church of England or Church in Wales church “illegal.” The UK government will, therefore, follow a number of other states, such as those African states like Nigeria, that are regularly held up in the UK as the embodiment of homophobia, and introduce legislation designed to prohibit same-sex marriage in a particular context…
Paul also wrote this article last June: Same-Sex Civil Marriage Gives Deference to Church of England Canon Laws
Scot Peterson has written an article, now republished at Law and Religion UK titled Same-sex marriage, National Churches and the quadruple lock.
On 11 December the government announced its response to the consultation on same-sex marriage that took place from 15 March to 14 June 2012. The initial consultation concerned how (not whether) to proceed with same-sex civil marriage. In its response to the initial consultation, the Church of England failed to respond to the question that the government had asked. It took the position that all marriage (civil or religious) was the same and that same-sex marriage should not be offered by the state. The church failed entirely to say how it could be offered, arguing that same-sex marriage should not be offered at all, even by the government in non-religious ceremonies…
And he concludes:
It seems clear that the constitutional, political and legal complexities of the law of marriage in Wales surprised the government. But good, sensible argument, not a generalized attack on the government’s competence is needed. And extending the omnishambles argument to the Church of England is entirely unfair given that Church’s general, public refusal to cooperate with the consultation in the first place.
The Church of Wales may have received a temporary scare, which will make it think twice in the future about trying to ride on the coat-tails of its established equivalent in the east. The Church of England may have received its just deserts for being obstinate. But the government should not be the target of general criticism for an honest mistake on an obscure point of law, which was unforeseeable when the Church in Wales did not address this point, or any other, in its response to the consultation.
The problems in this bill can easily be corrected. This is a cross-party question of policy that addresses a felt need by LGBT people and religious freedom for minorities like Quakers, Unitarians and Liberal Jews as well as for those, like the Roman Catholic Church and the Church of England, who disagree. It should not be turned into a political football.
Anya Palmer has written in the Solicitor’s Journal_ One step forward, two steps back.
The government’s decision to make it illegal for the Church of England to conduct
same-sex marriages leaves Anya Palmer questioning its position in society.
Frank Cranmer has analysed the draft Marriage and Civil Partnership (Scotland) Bill. Read all about it at Same-sex marriage in Scotland – the draft Marriage and Civil Partnership (Scotland) Bill.
Two extracts from his article which may be of particular interest to English or Welsh readers:
The [consultation] document begins with a list of “proposed protections” at para 1.06 (which is not on all fours with the recent English proposals):
- religious bodies that wish to solemnise same-sex marriage or register civil partnerships will have to opt in to do so;
- there will be no obligation on religious bodies and celebrants to opt in to solemnise same-sex marriage and register civil partnerships;
- religious celebrants will only be able to solemnise same-sex marriages or register civil partnerships if their organisation has decided to opt in;
- if a religious body decides to opt in, there will be no obligation on individual celebrants to solemnise same-sex marriages or to register civil partnerships.
And there is this:
7 CommentsIn addition, it has concluded that an amendment to the Equality Act 2010 is required – which would need to be made by the United Kingdom Parliament rather than by the Scottish Parliament. A draft of the proposed amendment to the 2010 Act is at Annex N.
Possibly with Ladele in mind, the Government has decided that the legislation should not include a conscientious opt-out for civil registrars.
Anya Palmer has written Church “shocked” to get what it lobbied for
8 CommentsSuggestions that CoE never asked for gay marriage ban need to be taken with a pinch of salt
The Guardian reported on Friday (14 December 2012) that the Church of England and Church of Wales have expressed their “complete shock” at proposals to ban them from conducting marriages for same sex couples. The piece ends with Ben Bradshaw MP quoting the Bishop of Leicester as saying the CoE was very upset about this “because it gave the impression that the Church of England were unfriendly towards gays.”
But is the Church of England really unhappy with the proposed ban?
…The only on-the-record statement from the Church of England in the Guardian report is from “a spokesman” claiming that the CoE was not consulted on the proposed “quadruple lock”. The spokesman does not confirm that the CoE does not want a ban – all he or she confirms is that the CoE claims it was not consulted.
Personally I find it difficult to believe the CoE was not consulted.
Firstly, because when the government’s proposals were outlined, on Tuesday 11 December, the Church of Wales immediately stated it did not agree, whereas the Church of England neither disagreed nor made any claim that it had not been consulted. Here is the statement the CoE put out on Wednesday 12 December:
EqualSame-Sex Marriage and the Church of England – an Explanatory NoteFar from suggesting the CoE has not been consulted, the statement asserts that it has been listened to:
“This is not a question of the Government and Parliament imposing a prohibition or ‘ban’ on what the Church of England can do. It is instead the Government responding to the Church’s wish to see the status quo for the Church of England preserved.” [Emphasis added]
The statement clearly approves of the proposal that the CoE not be given a right to opt in:
“For Parliament to give the Church of England an opt-in to conduct same sex marriages that it hasn’t sought would be unnecessary, of doubtful constitutional propriety and introduce wholly avoidable confusion.”
If that doesn’t say “we don’t want an opt-in, thank you” I am not sure what would.
This statement was presumably approved at a high level. It has not been retracted. At no point has the Church of England stated on the record that it does not want the additional bar.
And secondly, I don’t believe the CoE was not consulted because the Department of Culture, Media and Sport has now put out a statement expressly denying that the CoE was not consulted…