Sam Jones at the Guardian had Government’s gay marriage plan a mess, says Labour
Savi Hensman at Ekklesia has Equal marriage confusion: owning up.
…The government would appear to have blundered in its attempts to head off the more alarmist opponents of equal marriage. But it cannot be blamed for the perception that the C of E is “unfriendly to gays”.
Church leaders have openly and persistently discriminated against lesbian, gay, bisexual and trans (LGBT) people, to the extent of asking lawyers to come up with excuses for blocking even celibate gays who seek full inclusion from being considered as bishops.
They have also criticised other Anglican provinces for treating LGBT people equally, and sought to give greater power to anti-inclusive churches to hinder progress in other countries.
The official consultation response on equal civil marriage was not only heavily negative but also raised alarms about human rights law and the position of the Church of England as an established church.
Exaggeration and misinterpretation of these warnings was not properly addressed by church authorities unwilling to admit in public that many at all levels of the Church of England want greater inclusion…
Fraser Nelson writes in the Sunday Telegraph that Britain is getting a glimpse of the crazy world of culture wars.
…But the news, in recent days, has started to sound a little more American. MPs have been quoting the Bible in just the same way, and getting themselves just as wound up. David Cameron’s plans for gay marriage, which were controversial enough in the first place, have been made even more so by his decision to let such unions take place in churches. After two years of trying to discuss this rationally, tribal battle has now broken out. A group of liberal Tories calling themselves the “Freedom to Marry” alliance are up against a group of less organised, lesser known and less telegenic Conservatives who are popping up on TV to denounce the Government. The ordinary viewer may conclude that the Tory party is going through one of its periodic bouts of madness.
I suspect that, by now, even Cameron is wondering if this has not all spun out of control. It’s perfectly easy to see his original logic. As a matter of principle, he believes in marriage and would like it to be accessible to everyone. If the Unitarian Church and certain strands of Judaism want to marry gay couples on their premises, then why should government stand in their way? For the record, I quite agree. Religious freedom in Britain ought to be universal, extended to the handful of churches or synagogues who want same-sex marriage. To lift the ban ought to be a technical issue, an amendment to the Civil Partnership Act 2004 requiring no fanfare…
Ed Malnick has a report in the Sunday Telegraph inaccurately headlined Anglican vicars threaten to defy gay marriage ban.
Leading Anglican campaigners have warned that Government plans to exempt the Church from the new legislation will lead to hundreds of homosexual clergy and worshippers marrying in Quaker and Unitarian services and then returning to the Church.
In a letter to The Sunday Telegraph, dozens of clergy, including Lord Harries, the former Bishop of Oxford, today urge homosexual Anglicans to follow this course of action.
“Until the Church of England allows us to solemnise same-sex marriages in our churches, as a matter of pastoral expediency we will counsel lesbian and gay members of our congregations to marry in those churches willing to celebrate faithful same-sex relationships,” the letter, which is also signed by scores of lay members of the Church, states.
The 150 signatories warn: “If the bill is enacted in its present form, in 2014 married lesbian and gay Anglicans, lay and ordained, will be worshipping and ministering in parishes of the Church of England.”
The presence of married homosexual couples, including clergy, in the Church will force its leaders to confront the growing debate over sexuality, the letter suggests…
The letter itself, with signatories, appears here (scroll down).
Vicky Allan in the Sunday Herald writes that Love will burst through any lock.
When it comes to keeping intruding gay couples out of the premises of the institution of marriage, there is only one security measure up to the job – the Westminster quadruple lock.
Like many aspects around last week’s launch of the bill to introduce equal marriage in England and Wales, this term used to describe the multiple layers of protection that will be afforded the clergy to allow them to act as their beliefs dictate – measures which include a ban on same-sex marriages being conducted by the Church of England and Church of Wales – comes edged with hysteria. Only the paranoid, fearful and homophobic, surely, would seek more than, say, a standard basic lock. Yet two archbishops in the Church of England declared they still wanted to see the “shambolic” gay marriage bill stopped. For them, even the Westminster quadruple lock was not enough.
So, it was a relief when, on Wednesday, the Scottish Government published its draft legislation for our own bill, and there were no strange multi-layered locks and no ban for the Church of Scotland, only talk of allowing churches to opt in or opt out, and protecting both churches and individual celebrants through changes to the Equalities Act…
Mail on Sunday reports Britons vote in favour of same-sex marriage: Public backs PM on gay marriage but says he’s doing it to be trendy
13 Comments…The results of a Mail on Sunday poll, conducted by Survation, suggest strong support for gay rights across a wide range of issues among most voters, but with sharp differences between the young and old.
Overall, six out of ten support the gay marriage plan. Among the under-35s, it soars to 73 per cent; by contrast, 56 per cent of over-55s are against…
The Church Times leader today: The Church that says ‘No’
21 Comments…The chief problem for the C of E is not so much the Government’s new understanding of marriage as its understanding of establishment. Writing in The Daily Telegraph on Saturday, the Culture Secretary, Maria Miller, said: “I will never bring in a law that would impinge, in any way, on the Church’s power to decide who it marries and who it does not.” But the Church does not have the power to decide. It is the right of any couple, provided neither has a living spouse, to marry in their parish church. If the new legislation passes, therefore, it will introduce a new discrimination, and cede power to the Church that it did not have before. Perhaps some might approve of this new autonomy, but it has a significant implication for establishment, and at a personal, not an abstruse constitutional, level.
Marriage is defined neither by the state nor the Church. Couples commit themselves to each other in ways that seem best to them, and, if it conforms to the general understanding of marriage, that is what they call it. The state recognises this aggregate definition and legalises accordingly. Hence the latest move to recognise the desire of many same-sex couples to call their union “marriage”.
In a charged atmosphere of reform, the simple restating of the present blanket ban could not be a neutral act, especially when wrapped in the Government’s protectionist language, designed, we presume, with its own back-benchers in mind. However mollifying various sections of the Church have been in the past, Tuesday thus established the C of E as a gay-unfriendly institution: the Church that says “No.” Religion has been a key part of marriage for many, but this is not a given. The Church has the privilege of blessing the unions that people bring to it. Since the blessing it offers or withholds is God’s, it needs to be sure that its interpretation is sound and explicable. Many believe that it is not. The way of testing this in the C of E is through the amending of canons – a long and, on such a divisive issue, tortuous process. The Government proposes to leave Churches to make up their own minds. In the mean time, there are the twin concerns of public perception and mission. A greater enthusiasm for the blessing of same-sex partnerships in church would be one effective way of countering the negative impression given this week.
Updated yet again 23.00 with statement from DCMS
There are multiple reports in the media this morning.
Church Times see preceding article.
Sam Jones Guardian Church of England and Church in Wales protest at gay marriage ban
The Church of England and the Church in Wales have expressed their “complete shock” at the government’s plan to ban them from offering same-sex marriages, claiming they were not consulted over the proposed legislation, which would make them the only religious organisations to be legally barred from conducting the ceremonies…
…The Right Rev Tim Stevens, bishop of Leicester and the Church of England’s lead spokesman in the Lords, told a closed meeting of bishops, Lords and MPs that the government had not consulted the church on the proposal, adding that the church had never sought the government’s so-called “quadruple lock” on gay marriage. He also expressed his regret at the government’s lack of consultation.
A Church of England spokesman confirmed that the church had not been consulted over the government’s plans, saying: “Bishop Tim is correct that the first mention of a ‘quadruple lock’ came when the secretary of state announced it in the Commons. We had not been privately informed of this prior to the announcement.”
Miller had been due to meet the Church of England representatives last Thursday but she cancelled the meeting at the last moment…
John Bingham Telegraph Church accuses Maria Miller of ‘omnishambles’ over gay marriage announcement
…Although the meeting went ahead in Mrs Miller’s absence, the bishop was given a general briefing about legal provisions to enable gay couples to marry without churches which chose not to carry out the ceremonies facing challenges under human rights laws.
The first that officials at Church House in Westminster knew of a special legal bar, specifically aimed at the Church of England, was when Mrs Miller made her statement.
MPs expressed amazement when Bishop Stevens set out the sequence of events during a meeting yesterday with the incoming Archbishop of Canterbury, Justin Welby, to discuss the separate crisis over women bishops.
Barry Gardiner, the Labour MP, who was present, said: “He said that ‘the Government did not consult us on this and we wish they had sought our advice’ – it was pretty strong.”
He went on: “At the end Bishop Justin simply said I really have nothing to add to what Tim has said, I agree with every word that he has said.”
Mr Gardiner added: “I think that there was shock on the part of the Church leaders that the Government had not even thought to consult with the bishops on this.
“The Government has behaved in an extraordinarily high-handed and cack-handed way.”
The Department for Culture, Media and Sport insisted it would have been “inappropriate” to tell the Church of England about the provision before it had been announced to Parliament.
But senior Church of England officials likened the cancellation of the meeting and failure to brief the Church to an episode of the satirical programme The Thick of It.
“It is an ominshambles,” said one. “This is legislation on the hoof, it has been a botched job.”
A spokeswoman for the department said: “Clearly, it would have been inappropriate to discuss the fine detail of our proposals prior to them being announced in Parliament.
“But the Church made clear to us its wish to see legal provisions which would ensure that their position on not conducting same-sex marriages would continue.”
Update
Questions are now being asked about why the Church of England did not express this surprise about the fourth lock earlier in the week. See this blog post: The Church of England, #equalmarriage And The Truth
The Church of England was quick to explain that the Government was not giving them any extra protections but respecting their right to opt-in constitutionally if they so wished. Their press release is here (it is their second version. The first was entitled “Equal Marriage and the Church of England”. Obviously that couldn’t stand, so it has been changed to “Same-sex Marriage and the Church of England. Note the “Same Same Marriage” reference in the left hand sidebar which I like to think suggests someone at the press office wasn’t happy with the need to change the title!). An excellent explanation of the Quadruple Lock and the Church of England’s position can be found here. But let us quote from the press release.
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.
The Church of England, on the 11th, was extremely clear they didn’t want an opt-in as they already had one…
…Now the main issue the Church of England representatives have is that they were not consulted on the details of the proposals. Given their initial press release afterwards (where they expressed satisfaction with what the Government was proposing in terms of legal protections) I find this very disingenuous. Do these representatives want marriage equality in the church? The Bishop of Leicester, quoted in the story, certainly doesn’t…
And now the BBC has this report Gay marriage: Church says government move ‘absurd’
The day before the PM’s remarks, CofE officials had met for talks on the issue with officials from the Department for Culture, Media and Sport (DCMS).
“What is clear is that the amount of detail given by officials from the department certainly wasn’t the level of detail revealed on the floor of the House” five days later, said a CofE spokesman. “It think that’s surprising, at the very least.
“There is this sense of the government slightly making it up on the hoof. This is an important and serious issue and a complex area of law. Doing all this on the hoof is absurd.”
But a DCMS statement said: “It is just not true to say that we have not properly discussed our proposals with the Church of England.
“As part of our consultation process, and before we finalised our proposals, Government officials met the Church of England at a very senior level.
“The Church made clear to us its wish to see legal provisions which would ensure that their position on not conducting same-sex marriages could continue. While it is inappropriate to share the exact nature of legislative proposals before announcing them to Parliament, discussions with the Church were quite specific about the quad lock.”
The CofE spokesman said there was no wish for “protection or exemption for ourselves in ways that are any different from any other Church”, though it was accepted that its unique position as the established Church would require particular legislation.
“If, despite our opposition, the legislation goes through, we support the government intention of leaving the choice of conducting same-sex weddings with all Churches and faiths.”
He added: “The Church’s position is about the meaning of marriage; the Church’s position is not about being anti-LGBT (lesbian, gay, bisexual, and transgender) – we fully support civil partnership.”
The DCMS itself has published this on behalf of Maria Miller: Equal marriage and the Church of England.
29 Comments…We discussed our plans with the Church of England
Some have suggested that the Church of England didn’t know in advance about the legal protections we were proposing. This is simply not correct. We sat down and had detailed, private discussions with them prior to my statement in Parliament. But of course, the rules of the House of Commons mean that the detail of legislative proposals is presented to Parliament before anyone else. We will continue to discuss our plans with them going forward, and those meetings have already started…
Jerome Taylor wrote this at the Independent on Tuesday. I think it is the best analysis I have seen so far.
Census, gays and a very bad day for the Church of England
The historical goodwill of the British public towards Anglicanism is starting to run dry – and this anti same-sex marriage stance will only drain further support
New census data revealed this morning showed that just shy of 1,100 people in England and Wales ditch their Christian identity every day.
Meanwhile the only organisation that has a duty to marry British citizens will, the government announced this afternoon, be legally allowed to discriminate once more against gay men and women. Not a good day for the Church of England. If I were a Lords Spiritual right now, I’d be rather nervous about keeping my job. The established church has never looked so out of touch with the rest of Britain…
And on the equal marriage legislation, he said this:
6 CommentsOut of touch
The Church hierarchy’s official opposition to equal marriage legislation, meanwhile, is likely to erode support for Christianity even further over the next ten years – especially among younger generations who simply aren’t as bothered about what people do with their genitals in loving, committed consensual relationships to the same extent that perhaps their parents or grandparents are.
It’s important to note that much of the Church of England is not anti-gay marriage. There are wonderful, inclusive Anglican congregations that welcome gay couples and plenty of Anglicans who support equal marriage rights. But a chuck are opposed and the Church hierarchy has decided to go for a de facto oppositional stance until they can sort out what their ecclesiastical approach to same sex relationships is (which given how long it’s taken to sort out the issue of women could take some time).
The government’s announcement today that the Church of England will be legally banned from having gay marriages – as opposed to other religious groups who will be allowed to opt out – should halt concerns that the definition of marriage is somehow being threatened in canon law. The Church now has a “quadruple” legal lock that Europe and our courts simply would not be able to interfere with. For much of the anti-gay religious right, though, I fear even that won’t be enough.
However they try to portray this as a “religious freedom” argument, they are ultimately anti-gay marriage and determined to sink it however they can. The fact that no religious group would ever be forced to conduct gay marriages – or that plenty of religious groups believe their right to religious expression is currently being impinged because they can’t conduct gay weddings – falls on deaf ears.
The additional legal protections for the Church of England, of course, now means that the chances of Britain’s established church embracing gay men and women in marriage is now further off than ever. So an already out of touch church will become further disconnected while most of the people it is supposed to minister to march on. If the established church isn’t careful, the distance will become simply too wide to bridge.
The Church Times reports this morning: Same-sex-marriage Bill will lock C of E’s right to abstain by Ed Thornton
THE protection for the Church of England to be contained within the Government’s same-sex-marriage legislation was a surprise to church representatives, it emerged this week.
On Tuesday, the Minister for Women and Equalities, Maria Miller, announced that the Bill would include a “quadruple lock” of measures that would “protect religious freedom”. These would specify that it would be illegal for any Church of England minister to conduct a same-sex marriage.
But at a meeting with Parliamentarians on Thursday, the Bishop of Leicester, the Rt Revd Tim Stevens, said that this level of protection had not been mentioned in meetings with the Government. He regretted that no prior consul[t]ation had been sought…
And there is this sidebar
The legal position
IF, once the same-sex marriage legislation is passed, a parish priest decides to break the law and marry a same-sex couple, it will be to no avail: the marriage will not be valid.
This is because the legislation will not alter the Church of England’s canons, one of which – Canon B30, paragraph 1 – states that marriage is “of one man with one woman”.
The Government’s legislation does not, therefore, make it illegal for C of E ministers to marry same-sex couples, as some reports have suggested: it merely reinforces what is already the case in canon law.
Since canon law is also part of public law, the Government has had to make it specific that same-sex marriage legislation does not apply to Church of England marriage rites.
The Government is not attempting to alter canon law for two reasons: first, it is responding to requests from Church House officials that it permit the Church to maintain its existing position on marriage; second, it is preserving a long-standing tradition that Parliament does not legislate for the Church of England in matters of doctrine and practice.
It would be up to the General Synod, therefore, to pass legislation changing the C of E’s doctrine and practice of marriage. A legislative package would have to include an Amending Canon redefining the nature of marriage, and the passing of a Measure (the General Synod’s equivalent of an Act of Parliament) which altered both statute law concerning C of E marriage rites, and the marriage service in the Book of Common Prayer.
If passed by the Synod, the Measure would require parliamentary and, ultimately, royal assent.
This post from Ministry of Truth Making sense of Cameron’s ‘Quadruple Lock’ on Equal Marriage gives a great deal of detail.
…Okay, so why has the government now put religious marriage on the table when, previously, it was only offering to support same-sex civil marriages?
The answer to this lies in the legal advice that the government will have received prior to the publication of its response to the consultation on equal marriage in which they will have been told that by affording legal recognition to civil same sex marriages they would be paving the way for a legal challenge under article 9 of European Convention on Human Rights, which provides for freedom of thought conscience and religion.
To be absolutely clear on this, as this is an issue that has been widely misrepresented by opponents of equal marriage, the issue here is not that affording legal recognition to civil same-sex marriage would allow gay couples to use current equality legislation or the European Court of Human Rights to compel the Church of England, Roman Catholic Church, or any other religious group or denomination to set aside their theological/doctrinal objections to same-sex marriage. Even without the proposed ‘quadruple lock’ the likelihood of either the High Court of England and Wales or the European Court of Human Rights forcing any religious organisation to carry out same-sex marriages against its wishes is somewhere on a par with the chance of my being elected the next Pope. The High Court does not, as a matter of principle and long-standing convention, issue rulings on matter of theology while the European Court’s preferred approach to religious cases is perhaps best characterised as ducking the issue by batting the matter back to national governments/courts under their margin of appreciation.
What was highly likely, had the government not made some provision for religious same-sex marriages, was a legal challenge to the government, and not to any individual church, under article 9 of ECHR from one or more of those denominations that has already indicated that it does wish to be able to conduct religious marriage ceremonies for same-sex couples, a list which currently includes the Unitarians, Quakers and Liberal Jews. From the point at which secular law recognises same-sex civil marriages their ceases to be any viable legal argument for restricting the ability of religious denominations to recognise and conduct same sex marriages, if that is consistent with their theological position, solely on the basis that other religious groups are, themselves, opposed to that same practice….
And, regarding the fourth lock in particular:
…Unlike other churches and religious organisations, the Church of England, as the established church, is legally obliged to conduct marriage ceremonies for anyone who asks subject only to the rules of canon law and secular provision of the Marriage Act 1949 (and subsequent amendments) irrespective of the actual religious beliefs of the parties who wish to marry. As long as both parties are content to be married under the rites of the Church of England, legally able to marry and are willing to comply with the Churches administrative requirements, e.g. the posting of banns, etc. then, save for an explicit legal exemption relating to divorcees whose former spouse in still alive, the Church has a legal duty to perform the ceremony.
This being the case, the government cannot merely leave the option open without creating a constitutional problem by giving rise to a potential conflict between statute and canon law, one that can only be resolved in one of two ways given that the Church remains, at least for the time being, opposed to carrying out same-sex marriages; the government must either legislate for the Church of England in line with current canon law, in which case statute law must specify that it remains unlawful for ministers of the Church of England to marry same-sex couples, or it must remove from law the Church’s legal duty to perform marriages for any heterosexual couple who asks to be married under the rites of the Church.
As this second option would entail the Church taking a very clear step on the road to disestablishment, the government have chosen to take the first option and maintain a consistent position between statute and canon law by retaining a ban of same-sex marriages within the Church of England in statute law…
John Bingham at the Telegraph wrote: Gay marriage: Church of England signals it could ‘live with’ Government plans
13 Comments…Church officials have acknowledged that they could potentially “live with” the proposals drawn up by Government lawyers to prevent churches facing human rights challenges to force them to conduct weddings for homosexual couples.
It comes in marked contrast to claims earlier this year that same-sex marriage could pose the biggest threat to its position as the established church since the reformation.The incoming Archbishop of Canterbury, Justin Welby, has made clear that he is opposed to same-sex marriage.
Meanwhile the House of Lords heard on[e] claim that several bishops secretly support the principle of gay marriage but are afraid to speak out because it would contradict the official policy of the Church…
The Scottish government has today issued this press release Same sex marriage
A consultation on a draft Bill to allow same sex marriage in Scotland has started today.
The plans have received cross party support in the Scottish Parliament.
The consultation seeks views on the detail of the legislation. It covers not only the introduction of same sex marriage but the detail of important protections in relation to religious bodies and celebrants, freedom of speech and education.
The Bill contains a provision making it clear that the introduction of same sex marriage has no impact on existing rights to freedom of speech…
The consultation itself can be found at this page: Marriage and Civil Partnership (Scotland) Bill from where links to all the associated documentation can be found.
4 CommentsThe Church of England has issued an explanatory note:
The full text is reproduced in full below the fold. Now moved to here and the title changed from “Equal Marriage” to “Same-sex marriage”.
Apologies for the broken link earlier. One would not have expected the CofE website to move such an important statement so soon after its publication without inserting a forward to the new location.
And the page has been moved yet again. 17 December.
12 CommentsMethodist response to proposals on same-sex marriage
11 December 2012
Statement from the General Secretary of the Methodist Church, the Revd Dr Martyn Atkins, in response to the Government’s proposals on same-sex marriage:
“The Government has announced that it will proceed with a Bill to make provision for the marriage of same-sex couples, including marriage in Churches which “opt in”. This decision raises both issues around the nature of marriage, and also about religious freedom.
“The Methodist response to the consultation on Equal Civil Marriage, drawn up by members of Faith and Order and the Methodist Council, stated that ‘The Methodist Church, in line with scripture and traditional teaching, believes that marriage is a gift of God and that it is God’s intention that a marriage should be a life-long union in body, mind and spirit of one man and one woman.’
“Within the Methodist Church there is a spectrum of belief about sexuality; however the Church has explicitly recognised, affirmed and celebrated the participation and ministry of lesbians and gay men.
“The Government has indicated that Churches which do not wish to marry same-sex couples will have the protection of law. This is important. However, in our response to the consultation we also stated that, while in the future we may or may not choose to affirm same-sex marriage, it would be unwarranted interference for the State to make that decision for us. For the purpose of religious freedom, if the Government allows marriage of same-sex couples in civil venues, then it must allow religious bodies to make the same choice. Whilst we recognise that most Christian Churches will probably choose not to offer same-sex marriages, the principle of religious freedom is an important one as it would it would leave with the Church the ultimate authority and autonomy to chose whether or not to do so.”
15 CommentsBishop of Leicester responds to Government consultation on equal marriage
11 December 2012
Marriage is not the property of the Government nor is it the property of the Church, the Rt Rev Tim Stephens, Bishop of Leicester, reminded Parliament in a response to the Government statement on equal marriage in the House of Lords, today.
While the forms and legalities around marriage had evolved over time, he said, one fundamental feature had remained the same throughout: that marriage is a union of one man and one woman, a social institution that pre-dates both Church and State and has been the glue that has bound countless successive societies together.
The Bishop asked for assurances that, for example, teachers would not be disciplined for upholding traditional religious teachings and that proper time would be given for consultation.
The Bishop of Leicester’s response in full:
“Those of us on these benches entirely share the view of the noble Lord, Lord Laming, that we are all equal in the eyes of God. That is why many of us supported civil partnerships as we believed that the rights and obligations that flow to those who wish to formally mark and celebrate their commitment to each other should not be denied to people simply because of their sexuality.
“However, my Lords, civil partnerships, while conferring virtually the same legal benefits, are not the same as marriage. Marriage is not the property of the Government nor is it the property of the Church; and while the forms and legalities around marriage have evolved over time, as the noble lady minister has pointed out, one fundamental feature has remained the same throughout: that marriage is a union of one man and one woman, a social institution that pre-dates both Church and State and has been the glue that has bound countless successive societies together.
“Does the Minister recognise that our concern here is not primarily for religious conscience or the protection of the Church of England’s position, but rather a more fundamental concern for stable communities? Can the Minister assure us that teachers for example in Church schools will not be disciplined for upholding traditional religious teachings? Can the Minister assure this House in spite of the accelerated pace of this process, proper time, even over a Christmas holiday, will be given for adequate consultation with the Church of England’s Canon lawyers on the legislative drafting. Can the Minister assure us that the great majority of members of the Church of England and other faiths will not be labelled as prejudicial to gay people for taking a traditional stand, and perhaps most troubling my Lords is the fact that the Government and Opposition have together in their proceeding with this Measure led to division, not only within the country where polls consistently show half the population against this change, but also between the political class and the vast majority of practicing religious people. What plans does the Government have for working towards a degree of consensus on this matter?”
31 CommentsUpdated
Sir Tony Baldry (Banbury) (Con):
On the principle of this matter, I sometimes think that we are talking at cross purposes. For me, there is absolutely no dispute that the hon. Member for Rhondda (Chris Bryant), my right hon. Friend the Member for Arundel and South Downs (Nick Herbert), my hon. Friend the Member for Reigate (Mr Blunt) and I were all created equal in the image of God. That is not the issue. For the Church of England, the uniqueness of marriage is that it embodies the distinctiveness of men and women, so removing that complementarity from the definition of marriage is to lose any social institution where sexual difference is explicitly acknowledged.
Chris Bryant (Rhondda) (Lab):
Marriage has changed over the centuries, has it not? For centuries, the Church of England’s doctrine was that the primary purpose of marriage was the procreation of children, but many heterosexual couples either are unable to have children or choose not to have them. Marriage today is, for very many people, about many other things—companionship, sharing one’s life, mutual support and so on. As I said to the Minister yesterday, I find it difficult to believe that any Christian, including many Anglican bishops and clergy, would not want that for every member of their parish. Will she therefore consider not putting such an ultimate lock on the Church of England, so that there is freedom for the Church of England? Those in the Church of England all voted to keep slavery for 30 years, but eventually they changed their minds.
Diana Johnson (Kingston upon Hull North) (Lab):
The Minister just spoke about the special protection for the Church of England. The Church of England plays a special role in this country as our established Church, so is she satisfied that it is once again opting out of equalities legislation?
The remarks of the Bishop of Leicester have been published previously.
Lord Harries of Pentregarth:
Is the Minister aware that, notwithstanding the official position of the Church of England on this, a good number of its members warmly welcome the Government’s position on this? Is she aware that privately, a fair number of individual bishops in the Church of England also support it, but are not able to say so publicly at the moment because of the political situation in which the Church of England now finds itself?
———
The government has announced its plans for same-sex marriage.
The press release is here.
The consultation response is here.
And here is the official fact sheet.
Here is the key section of the press release:
41 CommentsThe Government reiterated today its absolute commitment that no religious organisation, or individual minister of religion, would be forced to conduct marriage ceremonies for same-sex couples. European law already puts protection for religious freedom beyond doubt (under Article 9 of the European Convention on Human Rights) but the Government intends to go even further and put in place a ‘quadruple lock’ in domestic law.
The legal locks, which will be on the face of any primary legislation, are:
- no religious organisation, or individual minister, could be compelled to marry same-sex couples (or to permit this to happen on their premises);
- it will be unlawful for religious organisations, or their ministers, to marry same-sex couples unless the organisation’s governing body has expressly opted in to do so (and that would mean the religious organisation itself opting in, the presiding minister having consented and the premises in which the marriage is to be conducted having been registered);
- the Equality Act 2010 would be amended to ensure that no discrimination claim could be brought against religious organisations or individual minister for refusing to marry a same-sex couple (or allowing their premises to be used for this purpose); and
- the bill will explicitly state that it would be illegal for the Church of England and the Church in Wales to marry same-sex couples, or to opt-in to do so. Canon law – which bans the marriage of same-sex couples – will continue to apply. That means that it would require a change in both primary and Canon law before Church of England and Church in Wales would be able to opt in to conduct same – sex marriages.
Channel 4 News Gay marriage law plans split Tories – video
BBC Same-sex marriage plans to be outlined
Telegraph Ministers accused of ‘sham’ consultation over gay marriage
Guardian Tory backlash against same-sex marriage
And the Guardian has this editorial: Gay marriage: beyond argument
…As the response to the consultation on equal marriage is published, there are two twists on the old tale of principled reform meeting pretend practical objections. The first is that desperate defences of the status quo are starting to self-defeat. It was in an effort to address the one reasonable religious demand, that no priest should be required to bless a union they believe to be wrong, that Whitehall proposed restricting reform to civil marriage, and keeping gay weddings to hotels and civic halls, well away from hallowed ground. The distinction was always clunky, particularly because reformist chapels and synagogues have now been free to stage civil partnerships for a year. Had the law gone through in this form, religious gay couples would have had to shun marriage in favour of a civil partnership to receive a religious service. That is plainly absurd, but this was not the basis on which the Church of England attacked the civil/religious marriage distinction. Rather, it suggested that dividing marriages into different classes would somehow fracture a foundation stone of a Christian society. This sophistry appears to have tested the patience of the Christian culture secretary, Maria Miller. Appearing in the house on Monday, she appeared ready to call the church’s bluff, by conceding that the civil/religious wedding distinction has indeed proved problematic – and then blurring it. She looks set to allow any church that wishes it to stage a gay wedding…
Independent Gay marriage: Osborne and Cameron have reached the right decision – for the wrong reason
6 CommentsAn Urgent Question was asked in the House of Commons today (Monday) about this.
Edward Leigh, Conservative MP for Gainsborough, asked an urgent question in the House of Commons on Monday 10 December 2012 on whether the Secretary of State would give a statement on same-sex marriage in churches.
Minister for Women and Equalities, Maria Miller, responded to the question on behalf of the Government.
You can read the full transcript here.
You can watch the video recording via this page. The item began at 15.31 and ran for 45 minutes.
A more convenient video recording is now available here: Government to outline same-sex marriage plans.
The Minister announced that she would make a full statement tomorrow (Tuesday 11 December) that will set out the Government’s response to the recent consultation on how to allow same-sex couples to marry. The timetable for Tuesday is here but, at the time of writing this post, the page does not show this matter as a separate timed item.
Update I understand the announcement will be made at 12.30 today.
3 CommentsIn light of yesterday’s announcement, it may be helpful to reprise what the Church of England has said in the recent past about the government’s proposals concerning same-sex marriage.
Here is the original consultation document. Among other things it said:
We have listened to those religious organisations that raised concerns about the redefinition of religious marriage. We are aware that some religious organisations that solemnize marriages through a religious ceremony believe that marriage can only be between a man and a woman.
That is why this consultation is limited to consideration of civil marriage and makes no proposals to change the way that religious marriages are solemnized. It will not be legally possible under these proposals for religious organisations to solemnize religious marriages for same-sex couples. There will therefore be no obligation or requirement for religious organisations or ministers of religion to do this. It will also not be possible for a same-sex couple to have a civil marriage ceremony on religious premises. Marriages of any sort on religious premises would still only be legally possible between a man and a woman.
Here is the press release issued on 12 June about the CofE’s response: A Response to the Government Equalities Office Consultation -“Equal Civil Marriage”- [from the Church of England].
And here is the actual response made by the CofE published that day: A Response to the Government Equalities Office Consultation -“Equal Civil Marriage”- from the Church of England
You can follow Thinking Anglicans reporting of the ensuing news coverage by following this link and scrolling to June 2012.
Then in July, at General Synod, a lot of Questions were asked about this response. Here is a copy of the official transcript of the Questions with Answers.
Yesterday, the following further press release was published in response to what has been described as a U-turn by the government on the issue of religious participation in same-sex marriages. Like the official response it is totally anonymous. Unlike the first one, it makes not even a small attempt to mention that there is a wide range of views on this topic held by members of the Church of England.
26 CommentsUpdated Monday morning
Media reports:
Guardian David Cameron faces Tory revolt over vote on same-sex weddings
Financial Times Gay marriage clash looms for Cameron
Telegraph Cameron accused of ‘broken promise’ as gay couples told they can marry in church
Blogs and opinion:
James Townsend The consequences of the women bishops vote start to roll in
…I am relatively relaxed about Gay Marriage – I would never campaign for it, but then could never bring myself to oppose it. However, many of the traditionalists who voted against women bishops have done themselves a great disservice because they care rather more about protecting the institution of marriage than they do about women bishops.
The Prime Minister’s original position not only respected the right of churches to opt out of Gay Marriage (I haven’t yet heard anybody suggest that churches should be forced to conduct gay marriages), but including a legal ban making it non-negotiable. His new position won’t change things very much for the Church of England. The only shift is that people like the Quakers, who choose to recognise Gay Marriage, will be able to do so.
Nevertheless, we can see a hardening of the government’s position which is a direct consequence of the women bishops vote. They are less interested in accommodating the needs of a group of people who increasingly look like nutters on the sidelines.
The great tragedy is that there are some decent (non-bigoted) arguments against redefining marriage to include gay relationships. Unfortunately the debacle of women bishops, which has served nobody, means they are likely never to be listened to again.
Changing Attitude Changing Attitude welcomes government plans for gay marriage in church
LGCM Religious Marriage for Same-Sex Couples
Christian Concern Government breaks promise on same-sex marriage in churches
Maria Miller ‘We should not stand in their way’
…And I know concerns have been raised by some faith groups about our plans and what they will mean for them. I have put it on record many times, and I will say again, that I will never bring in a law that would impinge – in any way – on the Church’s power to decide who it marries and who it does not. No religious organisation, or individual, should ever be forced to conduct same sex marriages. The European Convention on Human Rights already guarantees freedom of religion, and this cannot be breached. We should not confuse this issue, as many do, with some cases currently going through the EU courts about the right to wear items such as crucifixes – this is about a fundamental religious tenet. But in spite of this guarantee, I will also be bringing forward additional watertight legal locks on the front of any primary legislation introduced, to ensure that these protections are iron clad.
Now, many religious organisations have pointed out to me that these protections would be stronger if we changed our original proposal to ban all religious organisations from conducting same sex marriages. Some, like the Quakers, Liberal Jews and Unitarians, have also said that they want to be able to conduct same-sex marriages, in the same way that they can conduct civil partnerships. My own personal view is that we should not stand in the way of this, especially if it means that those that don’t want to will be even further protected. It is a fundamental point of religious freedom that religious bodies should be able to make their own decisions on this issue.
For me, far from being a radical departure, this is simply one more in a long line of reforms which have strengthened marriage, ensuring it remains a modern and vibrant institution. Over the coming weeks and months I will continue to work closely with faith and other interested groups on how best to implement our plans…
Updates
The LGBT Anglican Consortium has issued this press statement:
The LGB&T Anglican Coalition is delighted that David Cameron has said the government’s proposals on equal marriage will include an option for ceremonies to take place on religious premises.
This outcome concurs with our own submission to the government’s consultation, and those of our partner organizations.
It is a matter of regret that the latest official Church of England response makes absolutely no mention of the breadth of views on this matter within the Church itself.
Guardian John Major joins prominent Tories backing gay marriage in church
Independent editorial: When Tories dig their heels in
The full list of names of those signing the letter first announced in the Telegraph is now available at the website of FreedomtoMarry.
Quakers in Britain Quakers welcome steps towards equal marriage
Unitarians Unitarians welcome statement by Prime Minister in support of same sex marriage in churches
12 CommentsThe Church of England has issued this response to the statement made David Cameron reported here.
Responding to the Prime Minister’s statement on same sex marriage today, the Church of England issued the following statement.
It is important to be clear that insistence on the traditional understanding of marriage is not knee-jerk resistance to change but is based on a conviction that the consequences of change will not be beneficial for society as a whole. Our concern is for the way the meaning of marriage will change for everyone, gay or straight, if the proposals are enacted. Because we believe that the inherited understanding of marriage contributes a vast amount to the common good, our defence of that understanding is motivated by a concern for the good of all in society.
The proposition that same-sex relationships can embody crucial social virtues is not in dispute. To that extent, the Prime Minister’s claim that he supports same-sex marriage from conservative principles is readily understandable. However, the uniqueness of marriage is that it embodies the underlying, objective, distinctiveness of men and women. This distinctiveness and complementarity are seen most explicitly in the biological union of man and woman which potentially brings to the relationship the fruitfulness of procreation.
To remove from the definition of marriage this essential complementarity is to lose any social institution in which sexual difference is explicitly acknowledged. To argue that this is of no social value is to assert that men and women are simply interchangeable individuals. To change the nature of marriage for everyone will be divisive and deliver no obvious legal gains given the rights already conferred by civil partnerships.
We believe that redefining marriage to include same-sex relationships will entail a dilution in the meaning of marriage for everyone by excluding the fundamental complementarity of men and women from the social and legal definition of marriage.
Given the absence of any manifesto commitment for these proposals – and the absence of any commitment in the most recent Queen’s speech – there will need to be an overwhelming mandate from the consultation to move forward with these proposals and make them a legislative priority.
We welcome the fact that in his statement the Prime Minister has signalled he is abandoning the Government’s earlier intention to distinguish between civil and religious marriage. We look forward to studying the Government’s detailed response to the consultation next week and to examining the safeguards it is proposing to give to Churches.
67 CommentsEvangelicals in last minute plea to Bishops to mobilise church for marriage
16 CommentsThe Council of Reform today urged the Church of England’s House of Bishops not to concentrate exclusively upon discussing the issue of the Consecration of Women to the Episcopate when it meets next week, but to focus additionally on the much more pressing and significant issue of the threat to marriage.
Following a 24 hour meeting in Sheffield, the Council issued an urgent statement that said,
“It is understood that Government proposals for a new law on so called “gay marriage” may be imminent and that the proposals may require consummation for a “gay marriage” to be legally valid. Everybody’s marriage will be affected by the result. In law, marriage is a sexual relationship. Incapacity and wilful refusal to consummate a marriage are grounds for annulment, and adultery is one of the five facts which demonstrate irretrievable breakdown. Significantly, it appears that parliament will leave the crucial and delicate task of defining same-sex consummation to the judiciary. However, when consummation is redefined, marriage and marital breakdown are themselves redefined and accordingly the meaning of marriage will be fundamentally altered for all.
Critical as it is to resolve our current difficulties over women bishops, we urge the House of Bishops, during their meeting, additionally to do all that is required to implement immediately a strategy for the preservation of marriage as it has been traditionally understood throughout history and across cultures. We look to them to mobilise the Church in England and specifically the Church of England to defend marriage.
The first priority must be for the Archbishops to invite the leaders of all Christian denominations in this country to ask the millions of Christians in this country to join together in a national day of prayer.
The Council had a fruitful discussion about options for resolving the dilemma over women bishops and continue to pray for a successful outcome to discussions in the New Year.
There are numerous press reports today concerning the results of the consultation on Equal Civil Marriage, which are due to be reported publicly next week.
The story appeared first in the Evening Standard under the headline EXCLUSIVE: Prime Minister David Cameron backs gay weddings in church. The newspaper then published this editorial comment: Gay marriage in church is a basic right.
Other British media followed:
BBC Gay marriage: David Cameron backs church role
Channel 4 News PM backs gay marriages in churches or synagogues
Guardian Churches to host same-sex weddings under Cameron-backed compromise
Telegraph Gay marriage given the green light for weddings in churches
Independent David Cameron backs same-sex marriage in church as it is announced they WILL go ahead
Daily Mail Churches to hold gay weddings as David Cameron argues same-sex couples should have equal rights
Blogs and Opinion:
Spectator David Cameron backs gay marriages in church
New Statesman Cameron provokes Tory anger as he backs gay marriages in churches
Law and Religion UK Same-sex marriage latest: Prime Minister supports church weddings
UK Human Rights Blog Allowing religious gay marriages will avoid human rights challenges
16 CommentsThe Daily Mail reports: MPs to vote on gay marriage ‘within weeks’: Fast track plan as opposition campaign gathers momentum by James Chapman
Plans to allow gay marriage could be voted on and approved by MPs within weeks, it emerged last night
David Cameron and Nick Clegg have agreed to fast-track the controversial change in the law – bringing it before Parliament in the New Year…
And other newspapers have followed:
Telegraph Gay marriage could be approved within weeks by Rosa Silverman
Guardian Patrick Wintour Plans for gay marriage vote likely to get go-ahead before Christmas
20 Comments…There is also a belief that with Christian evangelicals on the back foot over the vote on the ordination of women bishops it may be the right time to show they may have over-played their hand, and are in the minority in terms of public opinion.
The government has repeatedly stressed that the church will not be required to administer marriages stating “no religious organisation will be forced to conduct same-sex religious marriages as a result of these proposals”.
In a sign of the potential cross-over, Sir Tony Baldry, the Tory MP and second church commissioner, told MPs that church members would be “deluding themselves” if they thought their views on moral issues would be given the same weight as before.
He said: “If the Church of England thinks that parliament is going to listen to them on moral issues such as same-sex marriage with considerable attention when the Church of England seems to be so out of step on others issues of concern to parliament then they are simply deluding themselves.”
The Voice of America published this article about the new Archbishop of Canterbury, Tough Path Ahead for New Anglican Leader.
…The archbishop also comes from the church’s evangelical wing, which analysts say should stand him well in Africa. Pityana said that building a bridge between the two sides, however, will not be easy.
“Clearly any archbishop has got to be a master diplomat, has got to be somebody who can really balance out a variety of interests and pushes and pulls in the Anglican community. In this time, I would imagine there is a schism in all but name,” said Pityana.
Pityana said what is needed is an archbishop who can open dialogue, and he thinks Welby may have what it takes.
The incoming archbishop has worked as a crisis negotiator in Africa, working with separatists in the Niger Delta and negotiating with Islamists in northern Nigeria. His experience in Africa is important, Pityana said, especially in Nigeria, host to the world’s largest Anglican community.
“Bishop Justin has worked in Nigeria and one assumes that he has got fraternal relations with the leadership or the emerging leadership of the church in Nigeria. And so he would be able, at the very least, to be persuasive enough to open real genuine dialogue, which clearly under Archbishop Rowan Williams just did not happen,” said Pityana…
But speaking on the BBC, Nigerian Anglican leader Nicholas Okoh made it clear how he views the road ahead.
“The homosexual agenda that is being promoted here and there in the church, and by different governments here and there, if that is the agenda he is coming to promote, of course we will not be part of it,” said Okoh.
Leeds University African-religious studies expert Kevin Ward also is an Anglican priest. He said he thinks Welby has the qualities needed to make better headway toward dialogue within the Communion.
“I think that Justin Welby is going to work hard. He has this strong background of reconciliation, of working with divided people, bringing people together. And I think he will use those skills very well, not least in working with African church leaders,” said Ward.
Agence France-Presse reports: Nigerian lawmakers move ahead on anti-gay bill.
Also published by the Kenyan Daily Nation .
23 CommentsABUJA — Nigerian lawmakers moved a step closer Tuesday to approving a bill that would harshly crack down on gay rights, including banning same-sex marriage and public displays of affection between homosexual couples.
The bill which has already been approved by the Senate passed a second reading in the House of Representatives with an unanimous vote and will now see a clause-by-clause review in the chamber at an undetermined date.
“It is alien to our society and culture and it must not be imported,” House majority leader Mulikat Adeola-Akande said during debate, referring to same-sex marriage. “Religion abhors it and our culture has no place for it,” she added.
House minority leader Femi Gbajabiamila said the bill represents “convergence of both law and morality.” He said that same-sex marriage “is both illegal and immoral.”
Nigeria’s senate in November 2011 approved the bill that would make same-sex marriages punishable by up to 14 years for the couple and 10 for anyone abetting such unions.
It also set out a 10-year sentence for “any person who … directly or indirectly makes public show of same-sex amorous relationships”.
Gay organisations would also be made illegal, leading some to raise concerns over whether funding channeled through non-governmental organisations in Nigeria for AIDS treatment would be put in jeopardy…
The Associated Press reports: Official: Uganda’s anti-gay bill to be passed by end of year despite criticism abroad.
Also published in the Washington Post.
Uganda’s anti-gay bill will be passed before the end of 2012 despite international criticism of the draft legislation, the speaker of the country’s parliament said Monday, insisting it is what most Ugandans want.
Speaker Rebecca Kadaga told The Associated Press that the bill, which originally mandated death for some gay acts, will become law this year.
Ugandans “are demanding it,” she said, reiterating a promise she made before a meeting on Friday of anti-gay activists who spoke of “the serious threat” posed by homosexuals to Uganda’s children. Some Christian clerics at the meeting in the Ugandan capital, Kampala, asked the speaker to pass the law as “a Christmas gift.”
See this video from NTV Uganda via Allafrica.com: Anti-Gay Bill: Speaker Kadaga Promises to Speed Up Law in Uganda.
21 Comments