Harriet Sherwood has another major article today. In The Guardian Saturday interview she writes about Married gay priest Jeremy Davies: ‘The bishops say we’re not modelling teachings of the church. Yes we are’.
This is a long article, but do read all of it.
59 CommentsThe Equalities and Human Rights Commission issued the following statement on 11 December:
Statement on Freedom of Expression and the Lord’s Prayer
The Equality and Human Rights Commission has today announced that the issues raised by Digital Cinema Media’s (DCM) decision not to show a Church of England advert about the Lord’s Prayer in cinemas, will be examined as part of a major Commission report.
This report, examining the adequacy of the law protecting freedom of religion or belief, will be published early next year. The DCM decision has generated significant public concern about freedom of speech.
The Commission, the national expert in equality and human rights law, has also offered its legal expertise for the purpose of intervening in the case should the Church take legal proceedings against DCM.
The Commission has written to DCM to highlight the importance of Britain’s long tradition of freedom of expression and to reiterate its concerns about the justification for not showing the advertisement being that it risked offending audiences. There is no right in Britain not to be offended, and respect for people’s right to express beliefs with which others might disagree is the mark of a democratic society.
Chief Executive of the Equality and Human Rights Commission, Rebecca Hilsenrath, said:
“We strongly disagree with the decision not to show the adverts on the grounds they might ‘offend’ people.
“There is no right not to be offended in the UK; what is offensive is very subjective and this is a slippery slope towards increasing censorship.”
“We also understand why people were confused that a commercial Christmas can be advertised but the central Christian prayer cannot. We will therefore examine the issues raised by this case as part of our major review into the law protecting freedom of religion or belief, and publish our findings in the new year.”
Earlier, on 23 November, the Commission had issued this statement: Commission comments on Christian advert being banned from cinemas
10 CommentsCommenting in response to a Christian advert being banned from being shown in the cinema, a Commission spokesperson, said:
“Freedom to hold a religion and freedom to express ideas are essential British values. We are concerned by any blanket ban on adverts by all religious groups.
“Digital Cinema Media have said an advert could cause offence to those of differing faiths or without belief. There is no right not to be offended in the UK; what is offensive is very subjective and lies in the eye of the beholder.
“This does not mean groups or individuals are free to express themselves without restriction. Freedom of expression can be and is restricted but only in order to prevent violence, abuse or discrimination for example. There is nothing in law that prevents Christian organisations promoting their faith through adverts.”
Updated Sunday evening
Canon Jeremy Davies, the retired precentor of Salisbury Cathedral has been denied Permission to Officiate in the Diocese of Winchester.
Salisbury canon banned from preaching in Winchester over gay marriage
A CLERGYMAN from Salisbury has been banned from taking services in Winchester because he married his gay partner last year.
Canon Jeremy Davies, who served as Canon Precentor at Salisbury Cathedral for more than 25 years, has been told he cannot preach in the Winchester Diocese because he married opera singer Simon McEnery.
Winchester Cathedral had recently asked Canon Davies to take a number of services in the future, which he will now not be allowed to carry out.
The Diocese of Winchester objected to the fact that a year ago, Canon Davies married his partner of nearly thirty years.
Since the wedding, Jeremy has taken more than half a dozen services in Winchester Cathedral, with no objections.
In fact, Jeremy has been much in demand since his retirement, preaching and lecturing regularly both in the UK and the United States.
A spokesman for the Winchester Diocese said: “Canon Jeremy Davies made an application earlier this year for permission to officiate in the Diocese of Winchester.
“Due to the Church of England’s position on same sex marriage, as set out in the House of Bishops’ Pastoral Guidance, Canon Jeremy Davies has been informed that his application has been unsuccessful.”
Updates
This story has now been reported in the Telegraph, the Guardian, the Mail, the Sun, the Mirror, and on the BBC.
62 CommentsPatrick Strudwick writes for BuzzFeed News: This Is What It’s Like To Sue The Church Of England For Discrimination.
“Canon Jeremy Pemberton was the first British clergyman to marry another man. What happened next sparked a landmark legal battle. He tells BuzzFeed News how the fight for equality became a fight for his sanity, career, and reputation.”
The article begins:
28 CommentsThere is a hand-stitched cushion cover that sits, unfinished, in Jeremy Pemberton’s house. He began sewing the design when he could not get out of bed, when he had sunk so far into despair that focusing on each tiny stitch was the only way to stay sane.
The story of how he sank, off work and resisting thoughts of suicide, reaches far beyond the walls of the home he shares with the man he loves. It is the story of what happens when you take on the Church of England. And it is one that Pemberton has never revealed in full – until now.
The case of Canon Jeremy Pemberton, daubed across newspapers and television channels, has been reported so widely that many already know what happened to the first British clergyman to marry someone of the same sex: that he was stripped of his powers as a priest, unable to conduct official duties, and then barred from a job as an NHS hospital chaplain. As a result, he took the Church of England to an employment tribunal on a charge of discrimination.
But what has gone untold is the inner story behind the landmark case, and, remarkably, the household name that was backing him…
Updated again Monday morning
The official press release with this headline is here:
The Church of England has said it is “bewildered” by the refusal of the country’s leading cinemas to show a 60 second advert of The Lord’s Prayer, adding that the “plain silly” decision could have a “chilling effect” on free speech.
The Church’s response follows its launch of a new website to promote the renewal of prayer in a digital age.
The website JustPray.uk creates a place for prayer with advice on what prayer is and how to pray. The site also provides a “live prayer” feed of prayers being prayed across the globe via Twitter, Instagram and Vine.
The Church has produced an advert promoting the new website to be shown in cinemas from December 18 2015 as part of the ad reel before Star Wars: The Force Awakens.
The 60 second advert features Christians from all walks of life praying one line of the Lord’s prayer and includes weight lifters, a police officer, a commuter, refugees in a support centre, school children, a mourner at a graveside, a festival goer and the Archbishop of Canterbury.
The Church has announced today that the country’s three largest cinema chains Odeon, Cineworld and Vue – who control 80% of cinema screens around the country – have refused to show the advert because they believe it “carries the risk of upsetting, or offending, audiences”…
The website for the campaign is here, and the advert itself can be viewed from here.
The Daily Mail has detailed coverage of this story: Archbishop Welby’s fury at cinema ban on ‘offensive’ Lord’s prayer: Church threaten to sue after plug pulled on advert due to be shown to millions at Christmas.
Towards the end of the article there is this:
…At the end of August, a bemused Rev Arora spoke to Andy Edge, commercial director for Odeon and a board member of DCM, who agreed to try to resolve the issue.
However, in another email sent on September 16, DCM’s finance director Paul Maloney told Rev Arora: ‘Having fully looked into the matter, I am afraid we will be unable to take forward the proposed Church of England campaign … DCM has a policy not to run advertising connected to personal beliefs.‘Our members have found that showing such advertisements carries the risk of upsetting, or offending, audiences.
‘We at DCM had first-hand experience of this risk when we and our members received considerable negative feedback from audiences following our decision to allow both Yes and No campaigners to run adverts in the lead up to the Scottish independence referendum.
‘Having learned from this … the board of DCM took the decision not to run any advertising promoting any religion or political views.’The Church’s chief legal adviser, Stephen Slack, then wrote to the UK Cinema Association, an umbrella organisation that took over the dispute from DCM, saying the decision was ‘extremely disappointing’.
He warned it could ‘give rise to the possibility of legal proceedings’ under the Equality Act, which outlaws commercial organisations from refusing services on the grounds of religion.
However, the Association’s chief executive Phil Clapp said the DCM was within its right to refuse to show the film.
Rev Arora said: ‘In one way the decision of the cinemas is just plain silly but the fact that they have insisted upon it makes it rather chilling in terms of limiting free speech.’ Last night Communities Secretary Greg Clark said: ‘Religious freedom is a cornerstone of British values. The public will find it surprising, particularly at this time of year, that cinemas have reacted in this way.’
Updates
Here is a link to the DCM advertising policy document. The key paragraph which prohibits all religious advertising is this:
Religious Advertising means… advertising which wholly or partly advertises any religion, faith or equivalent systems of belief (including any absence of belief) or any part of any religion, faith or such equivalent systems of belief.
Some further media coverage:
BBC Lord’s Prayer cinema ad snub ‘bewilders’ Church of England
Guardian Cinemas refuse to show Church of England advert featuring Lord’s Prayer
Telegraph Ban Christmas ads if you don’t like religion, Church tells cinemas
…Rev Arun Arora, the Church of England’s director of communications, told the Telegraph: “If they want to be consistent on not carrying any ads that have any connection with religious belief, I’d like them to cancel all ads linked to Christmas as a Christian festival.
“If they’d like to apply it consistently, ban every ad that mentions Christmas.”
He said DCM’s decision, which was condemned by atheists and other faith groups alike, was “chilling in terms of limiting freedom of speech”.
Yorkshire Evening Post Bishop of Leeds Bishop of Leeds: Lord’s Prayer cinema ban is due to “illiteracy of a liberal culture”
Guardian Giles Fraser Banning the Lord’s Prayer from cinemas is nonsense on stilts
According to a new article this morning in the Daily Mail
74 Comments…Yesterday it emerged that DCM, which controls 80 per cent of UK cinema advertising and is jointly-owned by Odeon and Cineworld, was so eager to host the advert in July that an agent offered the Church a 55 per cent discount.
But on August 3, he claimed the cinemas would refuse to show the clip, saying ‘our hands are tied by these guys’.
Executives later said that DCM had turned the advert down because its policy prevented it airing trailers ‘connected to personal beliefs’.
Finance director Paul Maloney emailed the Church in September claiming DCM decided not to show any political or religious adverts following complaints during last year’s Scottish referendum, when it allowed both Yes and No campaign videos.
In an email on September 17, he said there was ‘no formal policy document’ on religion.
But yesterday DCM claimed its decision was based on its ‘policy of not accepting political or religious advertising content for use in cinemas’ – pointing to a document on its website as evidence.
Analysis by the Mail reveals this document’s creation date was last Friday – just two days before the farce was revealed by the Mail on Sunday.
DCM did not respond last night to questions about when the policy had been written.
Today, the Church Times has this news report by Tim Wyatt Public statements on sex can be a bar, CNC is advised.
And, it has a leader article, Lawful, but doleful that unpacks what is actually going on here:
…If hard cases make bad law, they also prompt bad guidance. The hard case in this instance is the Dean of St Albans, the Very Revd Dr Jeffrey John, and, although not named, this guidance is essentially about him. He is not a conventional hard case, of course: the difficulty he has caused the church hierarchy stems from his popularity with successive CNCs. Their deliberations are confidential, but it is well known that, besides his appointment as Bishop of Reading in 2003, subsequently withdrawn, he has come close to being chosen for the sees of Southwark, Exeter, and St Edmundsbury & Ipswich…
And, it later continues:
29 Comments…the new guidance repeats the view that it would not be illegal to discriminate against someone (i.e. Dr John) on the grounds of his past statements on sexuality if it were felt that these prevented his being a focus of unity, a fundamental element of episcopal ministry. The fragility of this argument when compared with the weight given to candidates’ views on other subjects is what has led to this succession of legal clarifications, especially in the light of Dr John’s threat of a legal challenge after the Southwark fiasco. The difficulty of making general rules from individual cases is that they must be applied indiscriminately. The recent appointment of the chairman of Reform, a conservative Evangelical campaigning group, to be Bishop of Maidstone might be questioned in the light of this guidance…
This is a copy of the article I recently wrote for Stonewall, and is reproduced here with their agreement.
Canon Jeremy Pemberton is a priest of the Church of England. He works for the NHS as a chaplain in a hospital in Lincoln, and was recently offered a new job as a chaplain at a hospital in Nottinghamshire. But because he married his partner, this offer to work was revoked. Why? Because Jeremy is gay and his partner is male.
Last week, Jeremy lost his claim of discrimination against the Church of England in an employment tribunal. The court ruled that the Church’s refusal to issue Jeremy a license to work in a different NHS hospital, in a different diocese, because he is in a same-sex marriage, was in fact an act of direct discrimination. But shockingly they ruled this discrimination lawful, because there are religious exemptions to the Equality Act 2010, despite this post being in the NHS.
Jeremy has been in a long-term relationship with his male partner for over seven years. They never entered a civil partnership. When the Marriage (Same Sex) Couples Act 2013 was passed, they immediately decided to get married. Before the ceremony could take place, in February 2014, the CofE’s House of Bishops issued a statement (Pastoral Guidance on Same Sex Marriage) that said clergy were not free to enter a same-sex marriage. They said it was contrary to the Church’s doctrine on marriage. They also said that in future they would not ordain any person who had already entered such a marriage. Despite this, Jeremy and his partner married on 12 April.
Jeremy’s domestic arrangements were never a secret and always well-known to all the Church authorities. He still holds a bishop’s licence to work as a hospital chaplain in Lincoln diocese, and he formerly also had permission to preach or take services in the Southwell and Nottingham diocese, where he lives. However, soon after he got married, he was no longer allowed to preach in Southwell and Nottingham. Around this time, Jeremy applied for a more senior NHS chaplaincy post, much closer to his home, and the NHS trust decided he was the best candidate. But when the trust applied to the local Nottinghamshire bishop for Jeremy to be licensed, the Nottinghamshire bishop refused. Jeremy therefore took the diocese to an employment tribunal.
The tribunal found that the Church of England has a doctrine of marriage which excludes the possibility of same-sex marriage. It also said that the statement made in February had warned clergy that entering such a marriage would remove them from being “in good standing”. The court held that a matter of doctrine was involved: clergy were not allowed to enter same-sex marriages. And this meant that bishops were entitled to withhold licenses from clergy in same-sex marriages, provided that the post also was “for the purposes of a religious organisation”. In the court’s opinion Jeremy’s post of NHS chaplain was indeed for such purposes.
So where does this leave us? First it is extremely likely that the case will be appealed to the Employment Appeal Tribunal. And then a definite legal precedent, one way or the other, will be set that will be binding on other courts. Second, it raises questions not only for the NHS, but also for other secular bodies (schools, police, prisons, universities, etc.) that currently employ Church of England priests as chaplains. They might want to review the terms on which they do so, to avoid being similarly treated – or dictated to – by the Church. Third, it will lead to renewed concern in Parliament about the extent of the religious exemptions that are currently allowed, and whether they should be reviewed. These are far more wide-reaching than in any other European country. The establishment status of the Church of England will also be questioned yet again.
But more important than any of these is the PR disaster for the Church of England that this case has already created. The public simply does not comprehend why the Church’s official bodies, as opposed to its members generally, are so set against same-sex marriage. Why is a person’s sexual orientation accepted, but their relationship is not? Why is it OK to be gay and a priest, but it’s not OK to want to make the person you love your husband, and still expect to keep your job.
This is a mixed message, and seems to go against a core teaching of the Church that God is love. How, if this is true, can the Church refuse to recognise loving same-sex relationships? If God made us all different, why should we all act the same? This is incredibly difficult to reconcile for LGBT people of faith, and it can create an ever-widening chasm for some people between a strongly held belief in God and a very real sense of rejection from the Church.
32 CommentsUpdated yet again Thursday teatime
The Diocese of Southwell and Nottingham has issued this press release
Employment tribunal finds in favour of Bishop
The Employment Tribunal that heard the case brought by Jeremy Pemberton against Bishop Richard Inwood has released its findings, dismissing all the claims brought against the Bishop.
A spokesperson for the Diocese of Southwell & Nottingham said: “We are thankful to the tribunal for its work on this complex case and for its findings in favour of the former Acting Diocesan Bishop, the Rt Revd Richard Inwood, on all the claims made against him.
“We recognise that it has been a long and difficult process for all concerned, and we continue to hold them in our thoughts and prayers.
“Churches across the diocese continue to offer a generous welcome to people from all backgrounds. We remain engaged in the on-going shared conversations across the wider Church of England that are exploring questions relating to human sexuality.”
The Claimant’s lawyers have issued this statement:
“We are obviously very disappointed by the Employment Tribunal’s decision; our lawyers have considered the judgment and are in the process of preparing the Grounds of Appeal for submission to the Employment Appeal Tribunal. We would like to thank all of those who have supported us through this litigation process thus far.”
The full text of the judgment can be downloaded from here.
Updates
LGCM has issued this response: Justice for Jeremy – we fight on.
Peter Tatchell has issued this response: Tribunal rules Church can dictate who NHS employs.
Four Three blog articles in response:
Initial press coverage of this case:
Pink News Gay chaplain loses employment tribunal after being sacked by Church for marrying
Premier Radio Canon Jeremy Pemberton loses tribunal claim the Church discriminated against him for being in gay marriage
Newark Advertiser Jeremy Pemberton loses discrimination case
Nottingham Post Gay priest not discriminated against, employment tribunal rules
Guardian Gay hospital chaplain loses discrimination case against CofE
BBC Gay canon Jeremy Pemberton was not discriminated against
ITV Gay clergyman loses discrimination claim at employment tribunal
Church Times (article revised) First gay marriage priest Jeremy Pemberton loses employment tribunal
Telegraph Hospital chaplain loses gay marriage tribunal against Church of England
Christian Today Gay priest who married partner loses employment discrimination claim
Lincolnshire Echo Gay canon Jeremy Pemberton was not discriminated against
94 CommentsOn September 17, the House of Lords debated a motion
That this House takes note of the treatment of LGBTI citizens worldwide.
The record of the entire debate can be found starting here.
Readers may be most interested in the contribution of crossbencher Lord Harries of Pentregarth, the former Bishop of Oxford, Richard Harries. His speech starts here. Two extracts follow.
…Some Christians, while not able to accept same-sex marriage as a Christian option, have, however reluctantly—some have been very reluctant indeed—come to accept civil partnerships as a valid option for society as a whole. It is that second kind of change that I believe we have to work to achieve first in relation to conservative religious institutions.
In short, church leaders and institutions in those countries where LGBTI people are criminalised have to be urged to make a distinction between teaching which may be applicable for their own members in their private lives and the basic rights and dignity that need to be accorded to everyone in their society, whatever their religion or belief. Of course, working through secular channels to challenge the laws in those countries is fundamental. But behind those laws is a culture, as the noble Lords, Lord Black and Lord Paddick, mentioned and stressed—very often, as the noble Lord, Lord Black, said, a “toxic” culture. That toxic culture is, sadly, intertwined with religion.
It is no secret that the Anglican Communion has become very frayed at the edges on this issue. That is what I wrote in the first draft of this speech, but from what we read on the front page of some papers today, “frayed” is much too weak a word. The churches in countries such as Nigeria, Uganda, Kenya and Rwanda are taking a very conservative and hard line and see themselves as quite apart from churches in North America. Nor is that the sum of it: the frontier of the culture wars in the USA has moved to Africa, with conservative forces in America lining up with and reinforcing the conservative forces in some African countries, as the noble Lord, Lord Black, quite rightly mentioned. Indeed there is evidence, which the Human Dignity Trust has on film, of some American churches actively proselytising in Uganda with a view to strengthening hard-line attitudes to gay and lesbian people.In those countries, the Christian churches have been and continue to be very strong. In contrast to Europe, they are a major influence in shaping the lives of people. If it is unrealistic to think of changing the minds of those churches on the issue itself in the short term, what can and should be done is to work on getting them to accept the legitimacy of the civil sphere, and, in particular, laws which protect the rights of minorities, not least LGBTI people.
The way that such people are treated in those countries is an affront to any concept of human decency, and the church must be challenged to see that its support for their criminalisation is a direct cause of this. It is an offence against the human person: the unique value and dignity of the individual, whatever their sexuality. It is a violation of everything that the Christian faith is meant to stand for. As a minimum, those states must be urged to act against those who commit acts of violence against LGBTI people…
And this:
20 Comments…Behind those wider discriminatory attitudes there is a strong religious influence because, as I mentioned, most of those Commonwealth countries still have a strong Christian presence and continuing influence. That has to be addressed. I know that the main focus of diplomatic work is Government to Government, but there are opportunities to relate to wider civic society.
My concern, of which I hope that the Government take account, is that all those involved in setting up diplomatic meetings or organising conferences recognise the key role that Christian leaders play in many of the countries which have the most conservative attitudes, such as Nigeria, Uganda, Kenya and Rwanda. If they are not to change their church teaching, they might be encouraged at least to acknowledge, and to help their churches to acknowledge, the validity of the civil sphere in its own right as safeguarding the rights and dignity of all human beings, whatever their sexuality.
I recognise that the main responsibility lies with the Christian churches here to help the churches in those countries to acknowledge the validity of this distinction, but I believe that our Government, through our normal diplomatic channels and intergovernmental agencies, also have opportunities to engage with wider civic society. Here, the Christian leaders, especially in the countries I mentioned, the Anglican archbishops and bishops, have an influential role. They themselves need to be decisively influenced to speak out for the human rights of LGBTI people…
David Pocklington writing at Law & Religion UK has published an article about the Jeremy Timm case.
The title is Readers, pastoral guidance and canon law.
He summarises the ecclesiastical law position thus:
30 Comments…Section C of the Church’s Canons – Ministers, their ordination, functions and charge, concerns the three orders of ministry in the Pastoral Guidance, whereas Section E – The lay officers of the church, deals with churchwardens and their assistants, lay works, parish clerks and readers. Readers and other lay officers of the church are not addressed in the Pastoral Guidance and are not subject to the Clergy Discipline Measure 2003, as amended. Nevertheless, Mark Hill’s Ecclesiastical Law suggests,[3.67], that: “®eaders fall into a different category from other lay officers, since they are not elected or employed but admitted and licensed by the bishop to perform ministry in the church”. Their ministry role is summarized as:
“Readers are lay people, called by God, trained and licensed by the Church to preach, teach, lead worship and assist in pastoral, evangelistic and liturgical work,”
and, prior to admission as a reader, must make a Declaration of Assent and canonical obedience to the bishop, [Canon E5 §4]. No one admitted to the office of a reader may exercise that office without the permission of the bishop, either through a Licence or Permission to Officiate, [Canon E6 §1]. The revocation of a licence is subject to the procedure in Canon E6 §3, but there is no legal requirement to provide notice to terminate a PTO or an appeal process…
Updated again Sunday
This case continues to yield amazing quotations.
Two more reports just in:
Nottingham Post Bishop made ‘personal decision’ to deny license to Nottinghamshire priest in same-sex marriage
…When pressed on what damage Canon Pemberton’s appointment would have caused, Rev Inwood said: “There would be no harm to the trust in granting the license and no harm to the church.”
Employment Judge Peter Britton said the bishop’s decision highlighted an “innate conundrum” for the church and questioned how something that is not harmful to the church can be so fundamental to the doctrine as to cause the license to be denied.
He said: “This is a busted flush isn’t it?”
In response Rev Inwood said: “I think put like that I would agree with you Sir.”
Press Association via the Guardian Recruiting married gay priest would not have harmed church, bishop admits
…Inwood was asked by Sean Jones QC, acting for Pemberton, what harm he thought it would do the Church of England to have granted a licence to allow the 59-year-old to be appointed as chaplain. “We know that Canon Pemberton wanted to join. In your view he was perfectly capable, you had no reason to believe he wasn’t. He was the trust’s preferred candidate, and that when you refused the licence, at very least, the man responsible for making recommendations to the trust was anxious to get you to think again. We know the House of Bishops guidance did not require you not to grant. And you say you took the decision. What was it you feared would happen?
What harm would arise if you gave Canon Pemberton the licence?”Inwood replied: “It is not a matter of danger but by my own oath of honour and obedience, under authority, to maintain the doctrine of the church.
It’s my own personal decision.”Jones asked: “You weren’t anticipating any harm, whether to him, to you, or the trust? The bishop replied: “Certainly no harm to the trust or the church.”
The tribunal judge, Peter Britton, picking up on this answer, suggested it left him with a conundrum. He asked the bishop: “If it would be no harm to the church, and the doctrine is about protecting the beliefs of the church, then haven’t you got an innate conundrum? If it so fundamental to the doctrine, thus the breach would cause harm. But if you think it is of no harm to the church surely that means the reliance on this being fundamentally doctrinal, as to otherwise bring down harm on the church, is a busted flush isn’t it?
Inwood agreed but later added that he would have felt granting the licence would have been incompatible with guidance issued by the Church of England’s bishops in March 2014…
Update
Ian Paul has this further analysis: Is wrong doctrine harmful?
The Church Times carries this report in its online edition: Same-sex marriage ‘certainly irregular’, Inwood tells tribunal
40 CommentsUpdated 9 pm
The Nottingham tribunal took a new, and nasty turn, today, when Bishop Richard Inwood reportedly expressed his opinion that same-sex marriages were “sinful” and “unwholesome”.
This immediately provoked a very strong reaction in social media, and both Changing Attitude and LGCM have published responses to it:
Tracey Byrne, Chief Executive of the Lesbian and Gay Christian Movement (LGCM) commented:
“As the Tribunal deciding the fate of Canon Jeremy Pemberton continues, we, as Christians and members of the LGBTI community, would like to express our undivided support to Jeremy. This support goes alongside our absolute disgust at the comments made today by Bishop Richard Inwood. No life-long, faithful, stable relationship – be it gay or straight – should be described in these terms. It’s not fair, not right and not Christian. Today’s comments from the Bishop, in which he described same-sex marriage as sinful and unwholesome, are harmful for the Church of England and its relationship with the LGBTI community. We believe an urgent response to these comments is needed from the Archbishops.”
Curiously, this happened just before the Church of England website published this Statement on Nottingham Employment Tribunal.
Statement on Nottingham Employment Tribunal
17 June 2015
“The Church of England supports gay men and women who serve as clergy in its parishes, dioceses and institutions. Jeremy Pemberton is one of many who currently serve and receive that support. The Church has no truck with homophobia and supports clergy who are in civil partnerships.The Church of England’s doctrine on marriage is clear. The Church quite reasonably expects its clergy to honour their commitment to model and live up to the teachings of the Church. Clergy do not have the option of treating the teachings of the church as an a la carte menu and only modelling those with which they personally agree.
The Church is currently involved in a process of shared conversations about a range of issues on sexuality in regions across the country. It is regrettable that this case risks undermining that process by invoking legislation which does not even apply to this situation.”
Update
The Communications Unit at Church House Westminster has now issued this partial unofficial record of today’s hearing. Worth reading all the way through. And now copied in full below the fold.
There are two media reports:
Nottingham Post Former bishop prayed for priest after revoking his licence due to same sex marriage
Press Association via the Guardian Archbishop of Canterbury ‘passed the buck over gay priest’s wedding’
And now also
Telegraph Archbishop of Canterbury urged clerics to stick to ‘line’ over rebel priest’s gay wedding
Updated yet again Wednesday afternoon
The BBC reports on the employment tribunal case that is being heard this week in Nottingham: Gay canon Jeremy Pemberton in Church discrimination tribunal.
A clergyman barred from working because he married his partner has denied going against the Church’s teachings, an employment tribunal heard.
Canon Jeremy Pemberton was refused a licence to work as a hospital chaplain by the then acting bishop of Southwell and Nottingham.
He brought a discrimination case which started on Monday.
The Rt Revd Richard Inwood argued the marriage was against the Church of England’s teachings.
Although Mr Pemberton was employed by the NHS, he needed a licence from the diocese to work at King’s Mill Hospital in Mansfield which was refused.
Canon Jeremy Pemberton was appointed Head of Chaplaincy and Bereavement Services in the Sherwood Forest Hospitals NHS Foundation Trust but the Church declined a licence.
At the opening of the hearing at Nottingham Justice Centre earlier, his lawyer said “equality has reached the door of the church. Where that boundary lies is for you to decide”.
Lawyers representing the Church suggested that Mr Pemberton had gone against the Church’s teachings.
He replied: “No, because I have had a civil marriage. I believe that was the moral thing to do…”
Also at the BBC Caroline Wyatt has this which includes a 2 minute video report. She interviews Malcolm Brown and Andrew Symes as well as Peter Tatchell.
Earlier, she published this detailed analysis of the case: Will the Church ever accept same-sex marriage? which should be read in full. Here is an excerpt:
53 CommentsResults received at the Central Count Centre for the referendum on the Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015.
Turnout 60.52
Yes/Tá 62.07%
No/Níl 37.93%Latest Summary – national position
Electorate: 3,221,681
Total poll: 1,949,725
Percentage turnout: 60.52%
Invalid ballot papers: 13,818
Valid poll: 1,935,907
Votes in favour: 1,201,607
Votes against: 734,300
Detailed results by constituency are available here.
The exact wording of the referendum question is explained fully here.
28 CommentsFollowing on from its decision earlier in the week relating to clergy in civil partnerships, today the General Assembly of the Church of Scotland considered the case of clergy in same-sex marriages.
Church sends decision on same sex marriage to presbyteries
The General Assembly has taken the first step to extend the provision covering ministers in same sex civil partnerships to those in same sex marriages. The final decision has been deferred until its presbyteries have been consulted under the process known as the Barrier Act. Presbyteries will now debate the matter and return their votes by the end of this year.
Following the historic vote on Saturday, it means congregations may now opt out of traditional church teaching on marriage to call a minister or deacon in a same sex civil partnership, but that provision does not extend to any ministers entering into same sex marriages until the final vote has been taken. Special provisions have been agreed which protect any minister or deacon ordained before May 31st 2009 who is now in a same sex marriage…
The decision is explained by Frank Cranmer this way: Same-sex marriage for Church of Scotland ministers? – not just yet. As Frank notes:
2 CommentsIf a majority of presbyteries approves the proposal it will return to the Assembly in 2016 for a final decision. Any wider consideration of the theological understanding of same-sex marriage will not take place until the Theological Forum presents its report at a future date.
The Joint Report of the Theological Forum and the Legal Questions Committee on the matter is available here: the proposed draft amending legislation to extend the ambit of the Ministers and Deacons in Civil Partnerships Act (passed on Saturday) to include ministers and deacons in same sex marriages is in the Appendices to the Joint Report.
Updated again Thursday evening
Judgement was given yesterday in the case of Lee v Ashers Baking Co Ltd & Ors, in the Northern Ireland County Court.
The full text of the decision by Presiding District Judge Isobel Brownlie can be found here. A PDF copy of that file is also available here.
Some writers think this is a good decision:
Joshua Rozenberg Guardian The ‘gay cake’ ruling is a victory for equality in Northern Ireland
Mary Hassan at Huffington Post Finally: A Victory for the LGBT Community in Northern Ireland
Colin Murray Ashers Bakery Loses “Gay Cake” Discrimination Case
But other commentators are critical:
Savi Hensman at Ekklesia Ashers bakery ruling sows confusion about discrimination
Peter Ould at Psephizo The ‘Gay Cake’ ruling
Neil Addison Ashers Bakery and the “Gay Cake”
Mark Woods at Christian Today Ashers’ Bakery: The real loser here is a tolerant society
The Christian Institute reports Ashers owners speak out for first time about ruling, and that link also leads to a video interview.
The Telegraph has this editorial opinion: Icing on the cake as well as Bert and Ernie gay marriage cake ruling ‘banishes religion from commercial world’ and The ‘gay cake’ ruling against a Christian bakery could lead to even more discrimination
Updates
Frank Cranmer at Law & Religion UK has this: Lee v Ashers Baking Co Ltd & Ors – an analysis
Simon Jenkins has written this for the Guardian The moral of the gay wedding cake row: the law can’t create tolerance
Alasdair Henderson at UK Human Rights Blog Conscience and cake
28 CommentsThe General Assembly of the [presbyterian] Church of Scotland is meeting in Edinburgh. On Saturday it was announced that:
The Church of Scotland has voted in favour of allowing people in same sex civil partnerships to be called as ministers and deacons.
The historic decision was made by the General Assembly on the Mound in Edinburgh today, where the motion was passed by 309 votes in favour and 182 against.
The outcome is the culmination of years of deliberation within the Church. The motion has faced a series of debates and votes before the final decision was arrived at this afternoon. This included 31 of the Church’s presbyteries endorsing the move to 14 who opposed it.
This means the Church has adopted a position which maintains a traditional view of marriage between a man and woman, but allows individual congregations to ‘opt out’ if they wish to appoint a minister or a deacon in a same sex civil partnership.
And the announcement continued:
Co-ordinator of the Principal Clerk’s office, Very Rev David Arnott, said: “The General Assembly of the Church of Scotland decided today to allow individual Kirk Sessions the possibility of allowing a Nominating Committee to consider an application from a minister living in a civil partnership. During a vacancy a Kirk Session may, but only if it so wishes, and after due deliberation, agree to a Nominating Committee accepting an application from such a minister. No Kirk Session may be coerced into doing so against its own wishes. This decision was in line with a majority of presbyteries who voted in favour of such a move.”
John Bingham at the Telegraph reports on the potential significance of this for the Church of England. See Church of Scotland plan for gay ministers offers possible ‘template’ for Anglicans .
…South of the border, the Church of England already allows clerics to form civil partnerships as long as they claim to be celibate. But the Church of Scotland’s approach does not require celibacy.
The Very Rev David Arnott, who coordinates the General Assembly’s business, said that although the Presbyterian structure of the Church of Scotland is different from that of Anglican churches, he hoped the plan could offer a “template” for the Church of England to consider.
He told BBC Radio 4’s Sunday programme: “We are not going to change people’s minds, we have to come to a way of living together with our differences and living with our diversity and I hope that we’re able to do that.”
…The Rev Sally Hitchiner, an Anglican priest and founder of “Diverse Church”, a group for young gay, lesbian, bisexual and transgender Christians, said the Church of England should “look carefully” at the Scottish arrangements.
“It sounds very similar to the Church of England’s policy on remarriage of divorcees and I think that works very well and actually I think that protects conservatives,” she said.
“In the conservative wing of the Church of England people genuinely are concerned that in 10 or 20 years they won’t be able to hold those views.
“If we can find a model like the Church of Scotland I think it could protect conservatives within the church while still allowing those of us who want to marry people of the same sex and indeed be married ourselves we should do so.”
The item on the BBC radio programme mentioned above can be found 23 minutes in via this link.
On Thursday, the Assembly will consider whether to extend this provision to those in same-sex marriages.
8 CommentsThe Equality and Human Rights Commission has published its report on the consultation which it launched last August.
The press release is headlined: Largest ever consultation reveals widespread confusion over laws protecting religion or belief.
Mark Hammond, CEO of the Equality and Human Rights Commission, said:
“How the law deals with religion and other beliefs in work, in providing services and in public debate has become a matter of considerable controversy. We carried out this consultation to gather first-hand evidence of how people deal with this issue in the workplace and in service delivery.
“What we found from the thousands of responses we received was a complex picture of different opinions and experiences. However, what came out strongly was the widespread confusion about the law, leading to some resentment and tensions between groups and anxiety for employers who fear falling foul of what they see as complicated equality and human rights legislation.
“We also found examples of organisations which had taken a constructive approach to dealing with issues of religion or belief, with employees providing positive experiences of diverse and inclusive workplaces. We’ll use this evidence as we examine how effective the law is in this area and develop guidance which we hope will help everyone address some of the issues which have come out of the consultation.”
The report itself is introduced from this page.
The Commission has found that there is widespread confusion over the laws protecting religion or belief in the UK. Our new report ‘Religion or belief in the workplace and service delivery’ contains the findings from a call for evidence launched in August 2014. The aim was to explore the direct and personal experiences of employees and service users concerning religion or belief, as well as the views of employers, service providers, relevant organisations and the legal and advice sectors.
Nearly 2,500 people responded to our call for evidence, making it the largest ever carried out by the Commission. Respondents included people holding a wide range of religious beliefs as well as humanists and atheists, and covered employers and service providers across the public and private sectors….
The full text of the report is on this page.
And there is an executive summary here.
0 CommentsUpdated Sunday evening
Readers will recall that the bishops of the Scottish Episcopal Church recently issued Guidance on Marriage and Civil Partnership.
This week, a response from quite a number of clergy was published, see Dear Bishops of the Scottish Episcopal Church. As Kelvin Holdsworth explains:
Last weekend I signed the following letter which was sent to the Bishops of the Scottish Episcopal Church. It was organised by a group of clergy in the diocese of Edinburgh. The fifty or so signatories were those who happened to learn of this over a couple of days last weekend. There will no doubt be others who would have wanted to sign it who simply didn’t hear about it…
The full text of the letter is reproduced below the fold. Follow this link and scroll down for the list of signatories.
The Scottish newspaper The Herald has picked up this story, and run two articles about it. First on Wednesday they wrote Church faces backlash after banning gay clergy from marrying.
CLERGY in the Scottish Episcopal Church have been threatened with disciplinary action if they enter a same-sex marriage, sparking a fierce backlash amongst its ministry and membership.
An edict by Episcopalian bishops warns clerics already in a civil partnership that converting their relationships into marriage would put them “outwith doctrinal understanding”, a move sources say could effectively make them homeless or strip them of their livelihood.
People training to enter the clergy and in civil partnerships, accepted within the Scottish Episcopal Church (SEC), are also warned that if they marry they cannot be ordained. The ban also extends to ‘lay readers’, non-clergy trained to preach, teach and lead worship…
Then today, the same newspaper published this: Traditional weddings threat as church faces unprecedented insurrection over gay marriage ban.
CHURCH leaders are facing an unprecedented insurrection amongst their own ministry over their gay marriage ban, with signals some clergy will not carry out any weddings until the matter is resolved.
In what has been described as the biggest crisis to engulf it in living memory, over 50 Scottish Episcopalian Church (SEC) clergy – around one in six – have signed a letter condemning the stance of their bishops over same-sex marriage.
Amongst the signatories are some of the SEC’s most prominent figures, including current and former deans of three dioceses, essentially bishops’ deputies and the equivalent of an archdeacon in the Church of England, and two provosts, the senior priests in Episcopalian cathedrals.
While unhappy over the general stance of the SEC on gay marriage, the ire is focused primarily on the ban on the clergy and trainees turning their civil partnerships into marriage.
The letter also contains a veiled warning some members of the SEC clergy could refuse to conduct any weddings while the row rumbles on…
Updates
Andrew Swift has written Identity & Authority
Christine McIntosh has written Crisis? What crisis?
9 CommentsUpdated again Saturday
The following ministerial statement has been issued by a government minister, Mr Sam Gyimah:
Publication of Lords Spiritual (Women) Bill
Today the Government is introducing the Lords Spiritual (Women) Bill to the House of Commons, with explanatory notes.The Bill follows the legislation permitting women to be ordained bishops. That was completed by the General Synod of the Church of England on 17 November. With the way clear for the first women to be appointed, it is right that those women should be amongst the Bishops who occupy seats in the House of Lords (known as Lords Spiritual). This Bill is intended to allow that to happen sooner than it would under the existing rules.
Currently, the Archbishops of Canterbury and York and the Bishops of Durham, London and Winchester automatically take seats in the House of Lords. The remaining 21 seats are occupied by Bishops in order of seniority (length of service). Under the current system, it would be many years before women bishops were represented in the Lords.
The Government’s Bill, which is supported by the Church of England, proposes a modification of this rule for the next ten years, so that if a female bishop is available when a Lords Spiritual seat becomes vacant, they will automatically be appointed to the House of Lords. If no female bishop is available, the vacancy would be filled by the next most senior male bishop, as currently happens…
The text of the bill is now published here. The explanatory notes are over here.
Update The following press release has been issued from Church House, Westminster:
Church of England welcomes publication of Lords Spiritual (Women) Bill
The Church of England has welcomed a Bill published today by the Government aimed at speeding up the introduction of the first women diocesan bishops into the House of Lords.
Bishop Tim Stevens, Bishop of Leicester and convenor of the bishops in the House of Lords, welcoming the Bill, said the presence of women diocesan bishops would “enrich and strengthen” the voice of the bishops in the House of Lords.
He said: “We know that women bishops will enrich and strengthen the leadership of the Church of England and we are very confident that they will also enrich and strengthen our voice in the House of Lords.
“We have reason to suppose that this is supported from all sides of both Houses and we are grateful to the business managers for making time to get this minor amendment to the law in place as soon as possible.”
The Rt Hon Sir Tony Baldry MP, Second Church Estates Commissioner, said: “There was very widespread support across Parliament for the consecration of women bishops in the Church of England and I think there will be a widespread welcome to legislation that will enable women who are diocesan bishops to become Lords Spiritual at the earliest possible opportunity.”
Under current rules, the Archbishops of Canterbury and York and the Bishops of London, Durham and Winchester are entitled to sit in the House of Lords from the start of their appointments.
The Lords Spiritual (Women) Bill makes provision for vacancies among the remaining 21 places, which are normally filled according to length of service, to be filled as they arise by eligible female diocesan bishops. The provision would remain in place for 10 years, equivalent to two fixed term Parliaments.
The proposed legislation would not prevent male bishops from entering the House of Lords during this period as vacancies would be filled, as is currently the case, by the longest serving male diocesan bishop if there is no eligible female diocesan bishop in line at that time.
After the end of the 10-year period, the provision made by the Bill would come to an end and the current arrangements under the Bishoprics Act 1878 for determining which bishops are to fill vacancies in the House of Lords would be restored.
ENDS
Update
There is a detailed discussion of this legislation at Law & Religion UK Lords Spiritual (Women) Bill – analysis.