Thinking Anglicans

RC adoption agency loses fourth appeal

Updated again Sunday

The fourth appeal was heard in September, and reported here: Upper Tribunal hears fourth appeal by RC adoption agency.

Today the tribunal delivered its verdict, and unsurprisingly, the adoption agency lost again.

The full judgment can be found as a PDF file here.

Third Sector Adoption agency cannot change its objects to exclude gay couples, tribunal rules

The adoption agency Catholic Care cannot change its objects to exclude gay couples from using its adoption service, the Upper Tribunal ruled today.

The Leeds-based charity, which arranges around five adoptions a year, had appealed against a ruling in the charity tribunal that it could not restrict its service to heterosexual couples.

But the Hon Justice Sales, sitting alone, ruled that the lower tribunal’s decision was correct. He wrote in his judgment: “Notwithstanding some criticisms that can be made about the first tier tribunal’s reasoning, I am satisfied that the conclusion it came to is correct in law and that this appeal should be dismissed.”

The charity had argued that its desire to restrict its services was in line with section 193 of the Equality Act 2010. The section allows discrimination on the grounds of sexuality if this is “a proportionate means of achieving a legitimate aim”.

But the first-tier tribunal found that there must be “particularly weighty” reasons to justify discrimination on the basis of sexual orientation.

The charity argued that donors would stop supporting it if it allowed same-sex couples to use its adoption service, but the tribunal ruled that the charity had not demonstrated that this would be the case.

The charity first appealed in 2008 against an initial decision by the commission that it could not change its objects…

Catholic Herald Catholic Care loses its 5 year legal battle

Mail Online Catholic adoption agency loses five year legal battle over its refusal to accept gay couples

Updates

An excellent summary of the judgment can now be found at UK Human Rights Blog written by Rosalind English Upper Tribunal confirms illegality of Catholic Charity’s ban on same-sex couple adoption.

A further analysis of the history of this case has been published by Frank Cranmer at Law & Religion UK Catholic Care: can an adoption agency restrict its services to heterosexual adoptive parents?

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A Christian case for Equal Marriage

Ekklesia has published a research paper by Savi Hensman titled Should equal marriage be rejected or celebrated by Christians?

The full paper can be downloaded as a PDF file here.

The paper is a response to Gay marriage and the future of human sexuality by John Milbank published last March.

The possibility of opening up marriage in Britain by law to same-sex couples has been criticised by some Christians but welcomed by others. One of the more thoughtful critics is theologian John Milbank, who has eloquently expressed some common arguments against change. This response by Savi Hensman suggests that, while he raises important issues, his analysis is ultimately flawed. Taking into account such topics as tradition, sexual ‘complementarity’, childbearing and sacrament, there is a strong case for equal marriage.

Two other papers by Savi Hensman have been published at the same time:

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Bishop of Leicester opposes religious homophobia

The Bishop of Leicester, The Right Reverend Tim Stevens, spoke in the House of Lords on 25 October in a debate on homosexuality in the developing world.

The full text of his speech can be found here in Hansard.

An edited version was published at Cif belief under the headline There is no place for homophobia in the church, anywhere in the world.

…Others in this debate have rehearsed the ways in which laws criminalising same-sex sexual activity between adults have been repeatedly found in international law to violate fundamental human rights, and this debate serves also to highlight effectively the way in which criminalisation gives rise to persecution. I want, however, to concentrate on the way in which discriminatory interference in the private sexual conduct of consenting adults is an affront to the fundamental Christian values of human dignity, tolerance and equality.

It is of course no secret, as others have made clear, that on the ethics of homosexual practice the churches in general and the Anglican communion bishops in particular are deeply divided, but that cannot and must not be any basis for equivocating on the central issue of equality before the law of all human beings whether heterosexual or homosexual. Further, many of us who are bishops in this country value and treasure our links with particular dioceses around the Anglican communion. We respect and appreciate the different, and often sharply divided, theological approaches which lead to different stances on the ethical issues. But, as the Lambeth conference of 1998 made clear, there is not and cannot be any place for homophobia in the church, and all are to be welcomed regardless of sexual orientation…

And he continued:

…Many people the world over are now asking the churches to put their position beyond all doubt, by saying simply and clearly that criminalisation is wrong. I will put my position beyond all doubt by stating it in as clear terms as I can. If criminalisation leads, as it evidently does, to gay people concealing their own identity, that must be wrong; if criminalisation leads to many living in fear, that must be wrong; if criminalisation leads to the prospect of persecution, arrest, detention and death, that must be wrong; and if criminalisation means that LGBT people dare not turn to the state when facing hate crimes and violence, that must be wrong too.

It is within the adult lifetime of most of us in this House that the law was changed in this country to decriminalise homosexual acts. However, for our children’s generation, such a state of affairs must feel like ancient history – as appropriate to the moral climate of today’s society in this country as the burning of witches. We must all urgently pursue this journey to a completely new climate in those many countries of the world where same-sex relations are criminal offences…

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Another B&B owner loses discrimination case

In a case very similar to an earlier one, another Bed and Breakfast owner has lost a case in the county court for refusing to provide a room to a gay couple, and is claiming this constitutes discrimination against her Christian beliefs. This case has been widely reported in the media, partly because of the intervention of a fringe party politician.

The judgment can be read in full here.

The case is discussed in detail in two recent legal articles:

This case is supported by The Christian Institute whose position is expressed here: Christian B&B loses court case brought by gay couple and see also Christian B&B owners respond to Nick Griffin’s protest tweets.

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Equal marriage row at Conservative Party conference

Updated again Tuesday afternoon

The Conservative Party annual conference is taking place in Birmingham.

Anglican Mainstream has issued this press release: Policy Exchange pulls out of Gay Marriage debate at Tory Conference Fringe

“Tory hierarchy reluctant for grassroots to discuss the issue?” says Anglican Mainstream

“Empty Chair debate goes ahead without them”

Top Westminster think-tank Policy Exchange has pulled out at short notice of a Tory conference fringe debate on gay marriage with Anglican Mainstream, the socially conservative ‘information network’ in the Church of England.

“We are very disappointed,” said Canon Chris Sugden, executive secretary of Anglican Mainstream (AM). “We’ve invested a huge amount in this heavyweight event to debate Real Marriage against PE’s Gay or ‘Equal’ Marriage amongst the ordinary conservative public – and at almost the last moment they pull out. It looks as if the Tory hierarchy don’t want the grassroots discussing the issue”…

Policy Exchange issued a paper on equal civil marriage which we reported on previously, see What’s in A Name? A report on Equal Marriage. Earlier they issued this press release: Policy Exchange response to Church claims on same sex marriage.

And there was this in the Mail on Sunday by Jonathan Petre Lord Carey: Gay marriage could have ‘drastic’ consequences including risk of polygamy.

Update
This does not refer to the above item but to a rally being held on Monday, see this report by Jerome Taylor in the Independent Welcome to the Nasty Party conference.

…About 900 people, the majority of them active members of the Conservative Party, will crowd into Birmingham Town Hall at lunchtime today to hear the former Archbishop of Canterbury, George Carey, the former Home Office minister Ann Widdecombe and others give speeches on why there should be no change in the legal definition of marriage to recognise same-sex couples.

The meeting will be ringed by a heavy police presence to prevent anyone getting in apart from party representatives and others with valid passes to the Tory conference. Several organisations, including the public sector union, the PCS, are holding what they call a “Picket the Bigots” protest outside the town hall. They accuse the rally’s organisers of wanting to turn back the clock on the rights won by gays and lesbians…

Noon update

A spokesperson for Policy Exchange (PX) has told Thinking Anglicans that:

  • The debate was originally proposed by Anglican Mainstream (AM) and was agreed to in principle by PX provided that at least two MPs could be found to participate, and that a strong independent chair could be found. These are the conditions under which all PX-sponsored fringe debates are held.
  • A willing independent chair was found (who also insisted on the participation of MPs) but, despite considerable efforts, no MPs could be found to participate, therefore the event could not proceed at the conference.
  • AM told PX on 6 October that AM was willing to accept PX’s offer of a similarly structured debate in London later in the Autumn, when MPs would be easier to find.
  • AM did not notify PX of their latest intentions prior to issuing yesterday’s press release.

Tuesday update

Anglican Mainstream reports STOP PRESS: Policy Exchange agree to debate and

“Equal” or Real Marriage debate at Tory Party Conference

Forty people attended a lunch time debate rearranged at half and hour’s notice at the Tory Party Conference on Tuesday lunchtime,

Policy Exchange reversed their earlier decision to pull out of the debate and agreed that David Skelton, author of their paper What’s in a Name? – is there a case for equal marriage? could debate with Dermot O’Callaghan, member of the General Synod of the Church of Ireland…

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Equal civil marriage: further developments

In late July, we reported that Prime Minister criticises Church on same-sex relationships, and that this had prompted Anglican Mainstream to write a response. Today, Anglican Mainstream has published the response it received from David Cameron and you can see the correspondence at The Prime Minister writes to Anglican Mainstream.

The government ministers responsible for equalities changed in the recent reshuffle, and the new Secretary of State with responsibility for this (replacing Teresa May) is Maria Miller. She recently wrote this article: The state shouldn’t stop people marrying unless there is a good reason. Being gay is not one of them and recorded this video for Out4Marriage.

Two earlier articles on the topic that appeared on Law and Religion UK in June are:

The Campaign for Marriage has published a summary of the legal opinion provided by Aidan O’Neill (PDF) on a variety of scenarios that could arise if the legislation is enacted. This is well worth reading.

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Upper Tribunal hears fourth appeal by RC adoption agency

Updated Saturday morning

In August 2011, we reported that the RC adoption agency, Catholic Care, had been given leave to appeal to the Upper Tribunal, after three earlier appeals had all failed.

Now, more than a year later, that appeal is being heard. Third Sector Online reports Upper Tribunal hears latest Catholic Care appeal today.

The Upper Tribunal will today hear the latest appeal by the charity Catholic Care against a ruling preventing it from excluding gay couples from using its adoption service.

It is the fourth in a series of appeals by Catholic Care (Diocese of Leeds) since the Charity Commission refused its request in November 2008 to change its charitable objects in order to restrict access to its adoption service to heterosexual couples.

The charity has argued that if it did not discriminate in this way it would lose its funding from the Catholic Church and would have to close the service.

Today’s appeal, which will be heard by Mr Justice Sales at the Rolls Building in London, is against the charity tribunal’s rejection of its request to change its objects in April 2011. The hearing is scheduled to last two days…

Frank Cranmer has some analysis at Law and Religion UK Catholic Care and adoption by same-sex couples – the story continues.

Updates

Third Sector has two reports from the hearing:

Charity tribunal ‘misdirected itself’ over Catholic Care, Upper Tribunal told

Overturning Catholic Care decision could set dangerous precedent, says Charity Commission

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more commentaries on the European Court hearing

Earlier TA articles here and then also here.

Rosalind English wrote at UK Human Rights Blog Are Christians really marginalised in this country?

Frank Cranmer has given a reply to her in his article at Law and Religion UK Marginalised Christians? Chaplin, Eweida, McFarlane and Ladele – again. He also links to some other relevant articles.

The weekly roundup article at UK Human Rights Blog by Sam Murrant Azelle Rodney, Gay Rights and the Cabinet Shuffle – The Human Rights Roundup discusses the cases at some length (scroll down to Christians in the margins) again with links to a number of other articles.

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Dean of St Albans writes about same-sex marriage for Church Times

The following article was published last week in the Church Times, and is reproduced here by permission.

Time to tell the truth about gays

Same-sex marriage can be as holy and covenantal as the heterosexual kind, argues Jeffrey John

WHEN I was a teenager, I once plucked up courage to ask a vicar what he thought about the issue of gay relationships. After a long pause and a deep breath, he finally replied: “Well, Jeffrey my boy, I suppose we must try to keep an open mind about the whole filthy business.”

My early wrestling with the “gay issue” brought me to a conclusion that has never wavered. Unless you are genuinely called to celibacy, the God-given framework for being homosexual is the same as for being heterosexual: monogamy. It has always seemed obvious to me that being in a committed relationship with someone you love and trust to share your life with is likely to maximise the health and happiness of both of you. Yes, it is hard; yes, it can go wrong; but, whether we are gay or straight, most of us know it is the best bet, and want to live that way. At the purely practical level, marriage is good for everybody.

Those are the arguments that politicians use in favour of same-sex marriage, and they are good ones. But Christian theology has deeper reasons for saying that monogamy is good. When we love one another in a fully committed way, so that the love does not depend on eros, but on faithful self-giving to the other, then marriage reflects Christ’s union with the Church, and God’s with his people. Our covenant with each other reflects God’s own kind of covenanting love.

The fact that we are capable of loving as God loves us is the main reason why we say that we are made in God’s image. For most of us, loving someone in that way – the mystery of losing ourselves in love, to find a better self in union with another – is the best inkling we get in this life of the kind of ecstatic union with God which is what heaven will be.

This covenant theology of marriage does not depend on gender or childbirth. Even in Genesis, the reason why God makes Eve is because “God saw that it was not good for man to be alone.” When Paul talks about the theology of marriage, it is never with respect to childbirth. What matters is that the covenant between the couple reflects God’s covenant with us. That is why the Church has always married couples even where childbirth is impossible.

Theologically, ethically, and sacramentally, there is no difference between a gay couple and a heterosexual couple who cannot have children. So, yes, same-sex marriage can be as holy and sacramental as heterosexual marriage. Yes, God is in favour of gay marriage, and so should the Church be.

But, of course, it isn’t. In its reply to the Government’s consultation about gay civil marriage, the Church of England’s official spokesmen described same-sex marriage as a “hollowed out” version of real, heterosexual marriage. The obvious and insulting implication is that a gay marriage is empty, missing some all-important ingredient X.

Well, I would like to hear what that ingredient X is. I would like to know what is absent in my own relationship of 37 years, and in the relationships of thousands of other similar same-sex couples, which makes them “hollow” and deficient by comparison with heterosexual marriages. I have been observing all this for a long time, and I do not believe that ingredient X exists.

IRONICALLY, the Church knows more about homosexuality than most institutions. Most of the lifelong gay relationships I know are between Christians – many of them clerics. My partner and I met at theological college, where about three-quarters of the students and staff were gay (and the college was not unique in that respect).

Once the relationship began, I went to own up to the college principal, expecting to be thrown out. His response was: “Thank God for that. You’re such a bloody miserable academic introvert – loving somebody will make you a better person and a better priest.” They were the wisest words that I ever heard him utter. But, of course, they could not be said in public.

This is the real problem. For decades – perhaps centuries – the Church’s leadership has had a public attitude to gayness, and a private one. I have yet to meet a bishop or archbishop who, in private, is unsupportive, or seriously believes that such a relationship is a sin. The only sin is in telling the truth about it. Twice I have offered my resignation, in exasperation at all the lies, only to be told: “Don’t be naïve. We need honest chaps like you.”

It is obvious that a number of bishops are gay, and some are, or have been, in gay relationships, yet they constantly refer to gay people as if they were somebody else. For all the fuss that was made about Bishop Gene Robinson, there are probably more gay bishops in the C of E than in the Episcopal Church in the United States. The difference is that the Americans tell the truth.

Canon Giles Fraser put this nicely in a recent article. Mostly, he said, people complain that the Church does not practise what it preaches; but, on this issue, we do not preach what we practise.

THE Church possesses a gospel for gay people, but it cannot speak it openly to those who most need to hear. It cares too much about its own institutional politics to care about this large section of God’s people. It wants to keep the privileges of establishment as a Church for the whole nation, but, in order to appease its own extremists here and abroad, it demands exemptions from equality and human-rights legislation that everyone else accepts as common decency.

By opposing almost every advance that gay people have made since decriminalisation, and now by opposing same-sex civil marriage, it has turned itself into the enemy number one of gay people – despite its being one of the gayest organisations in the country.

This is a disaster for the Church’s mission, its integrity, and its morale. “A lying mouth destroys the soul,” Wisdom says. It is time for the truth that sets us free.

The Very Revd Dr Jeffrey John is the Dean of St Albans and the author of Permanent, Faithful, Stable: Christian same-sex marriage (DLT, new edition 2012).

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reports on European Court hearing of religious discrimination cases

Gavin Drake reports today for the Church Times Lawyer: No discrimination if employees can resign

CHRISTIANS cannot claim that they have suffered religious discrimination at work if they have the freedom to resign and look for another job, a British-government lawyer told the European Court of Human Rights this week.

James Eadie QC made his comments as he outlined the Government’s position in four cases: those of Nadia Eweida and Shirley Chaplin, who claim that they lost their jobs with British Airways (BA) and the Royal Devon and Exeter NHS Trust respectively, over their refusal to remove a cross or crucifix; Lillian Ladele, a registrar with the London Borough of Islington, who objected to being required to perform civil-partnership ceremonies; and Gary McFarlane, who was dismissed from his position as a counsellor with the Avon branch of Relate, after his supervisors said that his religious beliefs would prevent him offering psychosexual counselling to same-sex couples (News, 31 August)…

Earlier reports:

Mail Steve Doughty Christians ‘must choose between job or their faith’: Government lawyers claim at European court

Telegraph Bruno Waterfield Christians should ‘leave their beliefs at home or get another job’

Independent Terri Judd Christians fight for rights at work in European court

Christian Institute Govt lawyer: Christians should leave faith at home or resign (includes video link to Dinah Rose QC speaking on behalf of Ms Ladele)

An official video recording of the entire proceedings can be found here.

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European Court to hear UK religious discrimination cases

Updated again Monday evening

Next week, the European Court of Human Rights in Strasbourg will hear four cases relating to alleged religious discrimination in the UK.

The Church Times has a report by Gavin Drake titled Strasbourg to hear religious-discrimination cases.

The Law Society Gazette has an article by Joshua Rozenberg Religious beliefs should be respected – when rights are not impeded .

John Bingham reports for the Telegraph on the evidence submitted by Bishop Michael Nazir-Ali: Human rights ‘agenda’ is new totalitarianism, bishop warns judges.

The evidence submitted by the National Secular Society can be read here (PDF).

A press release from the Christian Legal Centre can be read here.

The official press release from the European Court of Human Rights is available here (PDF).

Updates

Frank Cranmer at Law and Religion UK has posted links to many documents (including two responses from HM Government) that have been published by Christian Concern, go to Eweida, Chaplin, Ladele and McFarlane: appeals to the European Court of Human Rights for those, and for a discussion of the contributions from Bishop Michael Nazir-Ali and Lord Carey.

Laura Donnelly Telegraph A cross to bear

Craig Mackenzie Mail Online ‘Why I will fight to bear my Cross’: Four devout British Christians take their battle for religious freedom to human rights judges

The National Secular Society has a press release here, which includes links to two earlier court documents known as Statement of Facts: these are what the UK Government documents are responses to.

Owen Bowcott Guardian Christian rights cases go before Strasbourg court

Steve Doughty Daily Mail Carey blasts Cameron for going back on his promise as UK fights for a ban on crosses at work

Rosalind English UK Human Rights Blog Religious freedom in UK to be considered by Strasbourg Court

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Religion or belief, equality and human rights

The Equality and Human Rights Commission has published a research report on Religion or belief, equality and human rights in England and Wales (PDF).

There have been some articles discussing this research:

Alice Donald, the author of the report wrote at UK Human Rights Blog Equality, human rights and religion or belief: time to get out of the courtroom?

Frank Cranmer wrote at Law and Religion UK EHRC research report on religion or belief in the workplace.

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CofE bishop declares support for equal civil marriage

The Evening Standard reports:

A Church of England bishop today supported gay marriage, saying God is not “an angry old man out to get us”.

Bishop of Buckingham Alan Wilson, a married father of five, caused a row in the Church by urging leaders to “get our head around blessing gay people’s relationships”.

He said in a YouTube video for the Out4Marriage campaign: “It all comes down to how we see gay people and how we see God. We don’t actually believe gay people are sick or stunted or criminal. We don’t believe God is an angry old man out to get us.

“Let’s stop behaving as though we did. Recognising gay people are equal means they won’t dilute or spoil marriage but potentially enrich it.”

The video made by the Bishop of Buckingham, The Right Reverend Alan Wilson can be viewed here.

But, according to the Evening Standard:

A Church of England spokesman contradicted Dr Wilson. “Our Church is committed to marriage as being between a man and woman,” he said.

“Opening marriage to same-sex couples would add nothing to the rights and responsibilities that already exist within a civil partnership but would require multiple changes to law, with the definition of marriage having to change for everyone.”

And the newspaper also reports:

Influential Tory Party Right-winger Lord Ashcroft urged the Prime Minister to ignore traditionalists urging him to abandon the proposed law. The peer revealed private polling suggested dropping gay marriage would offend more people than it would please.

He said: “Ditching gay marriage would probably be more likely to put off joiners and considerers — whom we need if we are to win a majority — than it would win back defectors.”

Earlier this week, the Mayor of London, Boris Johnson also gave the campaign his support in this video.

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House of Commons: Same-sex marriage and civil partnerships

The House of Commons Library has published a briefing note, dealing primarily with the situation in England and Wales, and summarising published responses to the recent government consultation on equal civil marriage. It gives a good deal of space to the arguments put forward in the official Church of England response.

The full briefing paper is available here, as a PDF file.

Two members of the House of Commons have recently published their own views on this topic.

John Howell MP has written a paper on Gay Civil Marriage. He says:

I have had a number of e mails over the past weeks both from those who support gay civil marriage and those who oppose it. Many of the latter are based on template instructions issued to constituents by the Coalition for Marriage when writing to MPs and reflect a standard suite of points. However, the issue of Gay Civil Marriage is not one which can be boiled down to a few bullet points without radically undermining the complexity of the issues involved or producing a simplistic standard campaign letter.

In addition, some of those who have written to me predominantly from a religious perspective have not sufficiently recognised that what we are talking about is gay civil marriage or that the theological arguments are themselves complex and allow for different approaches even within a Christian tradition.

I have listened carefully to the arguments that have been made and I read with care the reasons given as to why some oppose this change. However, I have to say that I do not agree with them. However, in recognition of the sincerity with which many have put their views forward I have attached a paper to this page as a pdf download which I have put together myself and which sets out my own perspective on this issue. It runs to 7 pages which is, at the very least, an attempt to treat this issue with the seriousness it deserves and hopefully makes a thoughtful contribution to the debate whether you agree with me or not.

His full paper can be read here (PDF).

Tom Harris MP has also written. He titled his article Confessions of a Recovering Evangelical.

The vast majority of opposition to the idea of equal marriage comes from the Church and the followers of the other non-Christian religions. Homosexuality is a sinful state, they believe, therefore gay relationships should not be endorsed or approved of by the state.

I should say at the outset that I consider myself a Christian. Not a very good one, I admit, but a Christian nonetheless. In a former life I was very evangelical and spent a lot of time studying the Bible and trying to “convert” my less enlightened, hellbound friends. These days I am what a parliamentary colleague rather wonderfully described as a “recovering evangelical”. I’ll settle for that.

I still have lots of friends who were better at staying the course than I was. At least three of them are full-time leaders of their respective churches, and many others remain far more regular attendees at worship than I. So when I hear members of the clergy or lay members of the Church decrying moves towards equal marriage, or when I receive letters from local church members in my constituency warning me of the dire consequences of this move, I kind of understand where they’re coming from. I don’t agree with them, dearie me, no. I’m forthright and unapologetic in my support for equal marriage, largely on the (some might say counter-intuitive) basis that I’m a strong believer in marriage and therefore want to encourage as many as possible to give it a go…

This has provoked a response from Dr Malcolm Brown, Director of Mission and Public Affairs, the Archbishops’ Council of the Church of England, which is titled Response to a Recovering Evangelical.

…The key point in our submission on same sex marriage is that the virtues of faithful homosexual relationships cannot embrace everything that is good about heterosexual marriage. There is an inescapable difference and complementarity between men and women that allows procreation to be an important component of a marriage between a man and a woman. Yes, of course many marriages are childless, but that doesn’t diminish the fact that a flourishing society needs some sort of social institution that celebrates and encourages having children and their upbringing in a family with their biological parents wherever possible. Our concern is emphatically not to say that same-sex relationships are wicked, but to ask what sort of a society we would have if the social meaning of marriage was stripped of any expectation at all that it involved having children. You don’t have to agree with our analysis of this, but many would surely agree that it is a question worth asking.

Unfortunately, the Coalition’s consultation on Equal Marriage is based on a profound ignorance of the current laws about marriage and, to be blunt, is a dog’s breakfast of erroneous assumptions and begged questions. The mistaken assumption that “religious marriage” and “civil marriage” are two different things in law is only the most egregious example of the GEO document’s failings. These points have nothing to do with Christian approaches to sexuality, but the church had no option but to oppose a proposal which would be based on such an utter misreading of the law and of the Church of England’s present role as a “purveyor of weddings to the nation”…

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The tainted case against gay marriage

Updated 10 August

Andrew Brown writes for The Guardian today about The tainted case against gay marriage. Here are a few quotes:

It’s possible to make a case against gay marriage that does not rely on fear or loathing of gay people.

Yet the argument for civil partnerships, as against gay marriage, seems now to be lost. It hasn’t been won by the supporters of gay marriage. It has been lost by the nastiness of the opponents.

When Chris Sugden and Philip Giddings of Anglican Mainstream released their letter to the prime minister last week they cannot have understood just how foul-spirited and pharisaical it makes them appear.

But do read it all.

Update

Jonathan Chaplin has written a follow-up article The churches’ stance on gay marriage is not homophobic.

…Public reactions to the churches’ views on gay marriage currently range from weary indifference to head-scratching bewilderment to angry consternation and all the way to incandescent outrage. Andrew Brown’s blogpost attacking two recent church interventions on the question tends towards the third of those responses. It is certainly the case that some such interventions needlessly place the churches in the line of fire.

One of the things attracting Brown’s ire was a letter to David Cameron from Anglican Mainstream, an association of conservative Anglicans, responding to the PM’s remarks at a reception for lesbian, gay, bisexual and transgender groups at 10 Downing Street. The letter was within its rights to challenge Cameron’s ill-informed misrepresentation of the churches’ attitudes towards gay people. But it included the unsustainable claim that people of homosexual orientation “have always been fully welcomed” in the churches. Whatever the official teaching of the churches may have been, their practice has all too frequently fallen lamentably and hurtfully short of the goal of “welcome”. Many homosexual Christians – including some I have known, and including many who would call themselves theologically conservative – will readily confirm this, at least if asked by someone who by their practice and tone of voice has earned their trust….

Again, do read it all.

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Prime Minister criticises Church on same-sex relationships

The Prime Minister hosted a reception at 10 Downing Street on Tuesday evening, and a transcript of his remarks has been published: Prime Minister’s speech at Lesbian, Gay, Bisexual and Transgender Reception.

There have been several reports of this event including:

Changing Attitude David Cameron reveals government’s total commitment to equal marriage

Pink News Exclusive: Out4Marriage says David Cameron personally backs gay religious marriages

Thurible At Number 10

The speech linked above includes the following paragraph:

…I run an institution – the Conservative Party – which for many many years got itself on the wrong side of this argument, it locked people out who were naturally Conservative from supporting it and so I think I can make that point to the Church, gently. Of course this is very, very complicated and difficult issue for all the different Churches, but I passionately believe that all institutions need to wake up to the case for equality, and the Church shouldn’t be locking out people who are gay, or are bisexual or are transgender from being full members of that Church, because many people with deeply held Christian views, are also gay. And just as the Conservative Party, as an institution, made a mistake in locking people out so I think the Churches can be in danger of doing the same thing…

This has provoked a response from Anglican Mainstream Prime Minister urged to correct serious misrepresentation.

And Reform has issued this Media Statement.

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Dean of St Albans reiterates his support for equal civil marriage

The Dean of St Albans, The Very Reverend Dr Jeffrey John, has made a video for the Out4Marriage website.

You can view it via this link.

He was a signatory to a letter to the editor of The Times on this topic, published in April, which is reproduced here.

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What's in A Name? A report on Equal Marriage

The Policy Exchange think tank has published a report entitled What’s In A Name? Is there a case for equal marriage?

The synopsis reads:

The Government’s proposals to introduce civil marriage for same-sex couples have provoked controversy and a wide-scale debate. The public consultation, which concluded in June sparked more responses than almost any other Government consultation. The debate has, in many ways, been more diverse, impassioned and wide-ranging than previous debates around ‘gay rights’. In particular, a ‘conservative case’ in favour of reform has emerged.

Supporters of equal marriage suggest that allowing same-sex people to marry would be an important act to ensure that gay and lesbian people have equal rights under the law. It’s also suggested that marriage is a beneficial institution, encouraging commitment and stability and that these benefits should not be denied to gay people, with some suggesting that marriage could be particularly beneficial to gay people.

Opponents argue that the change would redefine the nature of marriage and weaken the institution as a whole. They also argue that it could lead to a ‘slippery slope’ that could see the likes of polygamous marriage legalised at some point in the future. Concerns have also been expressed by opponents that the changes could be detrimental to religious freedom.

This report adopts an evidence-based analysis of the arguments around marriage equality to consider whether there is a compelling argument to reform the law. It pursues a reasoned analysis of the equal marriage concept and its practical implications and evaluates the arguments on both sides of the divide. It also explores the experience of other countries where marriage equality is already a reality.

The report can be downloaded as a PDF from here.

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Vicarious liability: RC Diocese of Portsmouth loses appeal

Last November, we reported Court rules on RC priest/bishop relationship.

In the event, that decision was appealed by the RC Diocese of Portsmouth, and this week judgment was given in the appeal case. The panel of three appeal judges voted 2-1 against the diocese.

JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust

The full text of the judgment can be found here (PDF).

A press statement by the diocese is over here (PDF).

Some press reports and comment:

Guardian Owen Bowcott Catholic church loses abuse liability appeal

Telegraph John Bingham Clerical abuse case ‘disastrous’ for charities, claims Church

Catholic Herald Mark Greaves Court rules that Diocese of Portsmouth is liable for clerical abuse and Alexander Lucie-Smith Yesterday’s Appeal Court ruling strikes me as a serious blow to religious freedom

Southern Daily Echo Diocese of Portsmouth loses appeal against liability for priests’ wrongdoings

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Equal civil marriage: some developments

Andrew Grice at the Independent reported yesterday Religious figures meet at conference to back plans to legalise civil gay marriage.

Religious figures who support gay marriage will today launch a fightback against church leaders who have come out against same-sex marriage.

Representatives from the Church of England, liberal Jews, the Quakers and the Unitarian and Free Church will join forces at Westminster to declare their backing for the Government’s plans to legalise civil gay marriage, which have provoked strong opposition from leaders of the Anglican and Catholic churches.

Some faiths want the Coalition to go further by giving churches the freedom to carry out religious same-sex marriage.

Those attending the conference will include Giles Fraser, a priest who resigned as Canon Chancellor of St Paul’s Cathedral last autumn following the Occupy protests; Dr Jeffrey John, the Dean of St Albans; Paul Parker, Recording Clerk for the Quakers; Rabbi Roderick Young; Derek McAuley, chief officer of the General Assembly of Unitarian and Free Christian Churches; and the Rev Sharon Ferguson, chief executive of the Lesbian and Gay Christian Movement…

The BBC had Labour host meeting of faith groups backing gay marriage.

Today the Evening Standard reports: Nick Clegg: Gay couples should have the right to marry in church, and also expresses editorial support for this.

Gay couples could soon win the right to marry in churches in a historic step towards equality, Nick Clegg told the Evening Standard today.

In an exclusive interview before Saturday’s World Pride festival in London, the Deputy Prime Minister said he now believed religious organisations should be free to conduct same-sex weddings if they wish.

“This is a personal view at the moment, but I think that in exactly the same way that we shouldn’t force any church to conduct gay marriage, we shouldn’t stop any church that wants to conduct gay marriage,” said Mr Clegg…

And John Bingham at the Telegraph has Nick Clegg backs gay marriage in churches – in break with David Cameron pledge.

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