A review of church and press reaction
Bishop of Leicester responds to Government consultation on equal marriage
11th December – Marriage is not the property of the Government nor is it the property of the Church, the Rt Rev Tim Stevens, Bishop of Leicester, reminded Parliament in a response to the Government statement on equal marriage in the House of Lords, today.
While the forms and legalities around marriage had evolved over time, he said, one fundamental feature had remained the same throughout: that marriage is a union of one man and one woman, a social institution that pre-dates both Church and State and has been the glue that has bound countless successive societies together.
The Bishop asked for assurances that, for example, teachers would not be disciplined for upholding traditional religious teachings and that proper time would be given for consultation.
The Bishop of Leicester’s response in full:
“Those of us on these benches entirely share the view of the noble Lord, Lord Laming, that we are all equal in the eyes of God. That is why many of us supported civil partnerships as we believed that the rights and obligations that flow to those who wish to formally mark and celebrate their commitment to each other should not be denied to people simply because of their sexuality.
“However, my Lords, civil partnerships, while conferring virtually the same legal benefits, are not the same as marriage. Marriage is not the property of the Government nor is it the property of the Church; and while the forms and legalities around marriage have evolved over time, as the noble lady minister has pointed out, one fundamental feature has remained the same throughout: that marriage is a union of one man and one woman, a social institution that pre-dates both Church and State and has been the glue that has bound countless successive societies together.
“Does the Minister recognise that our concern here is not primarily for religious conscience or the protection of the Church of England’s position, but rather a more fundamental concern for stable communities? Can the Minister assure us that teachers for example in Church schools will not be disciplined for upholding traditional religious teachings? Can the Minister assure this House in spite of the accelerated pace of this process, proper time, even over a Christmas holiday, will be given for adequate consultation with the Church of England’s Canon lawyers on the legislative drafting. Can the Minister assure us that the great majority of members of the Church of England and other faiths will not be labelled as prejudicial to gay people for taking a traditional stand, and perhaps most troubling my Lords is the fact that the Government and Opposition have together in their proceeding with this Measure led to division, not only within the country where polls consistently show half the population against this change, but also between the political class and the vast majority of practicing religious people. What plans does the Government have for working towards a degree of consensus on this matter?”
MPs and Peers briefed on equal marriage and the Church of England
The Church of England’s Parliamentary Office has provided an explanatory note to MPs and Peers about equal marriage and the Church of England following yesterday’s Government statement.
It is available at http://bit.ly/127JX4n .
Equal Marriage and the Church of England
12th December – The Church of England has issued an explanatory note: Equal Marriage and the Church of England. The full text is reproduced in full below the fold.
The following explanatory note may be helpful in the context of yesterday’s Government statement and subsequent press coverage.
In her statement to the House of Commons on 11th December on the Government’s proposals for Equal Marriage, the Secretary of State said:
“because the Church of England and Wales have explicitly stated that they do not wish to conduct same-sex marriages the legislation will explicitly state that it would be illegal for the Churches of England and Wales to marry same-sex couples. Mr Speaker, this provision recognises and protects the unique and Established nature of these churches. The church’s canon law will also continue to ban the marriage of same-sex couples. Therefore, even if these institutions wanted to conduct same sex marriage, it would require a change to primary legislation at a later date and a change to canon law. Additional protection that cannot be breached.”
Press and political commentary on this has given rise to the impression that extra safeguards have been put in place for the Church of England, which give legal protection above and beyond that for other denominations and faiths. Some have said that this amounts to Government deciding to give preferential treatment to the Church of England on the question of legal protection for religious organisations not wishing to perform same-sex marriages. Others have questioned why the Government should explicitly write in to primary legislation that it would be “illegal” for the Church of England to perform same sex marriages when it will not be so for other denominations and faiths, taking this to mean that it places additional legislative barriers in the way of the Church of England in the unlikely event that it should wish to change its current position.
Such questions are understandable, but are based on a misunderstanding of the Church of England’s established status and its relationship with Parliament on matters relating to Canon Law.
This is not a question of the Government and Parliament imposing a prohibition or “ban” on what the Church of England can do. It is instead the Government responding to the Church’s wish to see the status quo for the Church of England preserved and accepting, as for other churches and faiths (though the legal framework is different for them), that it is not for the Government and Parliament to determine matters of doctrine.
As explained in the Church of England’s submission to the Government’s consultation in June 2012 (here: http://tinyurl.com/bsn6dxt), the Canons of the Church of England define marriage, in accordance with Christ’s teaching and the doctrine of the Church, as being between a man and a woman. Because the Canon Law of the Church of England is also part of the public law of the land and cannot be in conflict with statute law, it is important that any legislation for same-sex marriage makes it clear that it does not apply to marriage according to the rites of the Church of England. The legislative drafting of what is needed for the Church of England is necessarily unique because of that; and because Church of England clergy normally have a legal duty to marry people by virtue of their office. The Government, in accepting that the legal effect of the Canons of the Church of England need to be preserved (in line with its assertions about protection of religious liberty), have committed to drafting legislation on same sex marriage accordingly.
The effect of what the Government has proposed is to leave decisions about the doctrine and practice of the Church of England with the Church of England. Any change to the Church of England’s doctrine and practice of marriage would require legislation by the Church’s General Synod. In addition to an Amending Canon that redefined the nature of marriage such a legislative package would also involve the General Synod passing a Measure (the General Synod’s equivalent of an Act of Parliament) that altered both the statute law concerning marriage according to the rites Church of England and the marriage service in the Book of Common Prayer.
All Synod Measures require parliamentary consent. The usual process of parliamentary scrutiny for legislation submitted by the Church is that it goes first to the Ecclesiastical Committee and then has a single debate in each House before the Measure goes for Royal Assent. As the General Synod’s devolved legislative powers includes the ability to amend Westminster legislation it would not require separate, additional legislation on the part of Parliament to enact any change to the Church’s practice on marriage. Talk of additional ‘barriers to opt-in’ for the Church of England following the Secretary of State’s announcement is therefore misplaced.
For Parliament to give the Church of England an opt-in to conduct same sex marriages that it hasn’t sought would be unnecessary, of doubtful constitutional propriety and introduce wholly avoidable confusion.
In addition, as the Bishop of Leicester said in the House of Lords on 11th December in response to the Government statement “our concern here is not primarily for religious conscience or the protection of the Church of England’s position, but rather a more fundamental concern for stable communities”. The arguments set out in the Church of England’s submission in June to the Government’s consultation (here: http://tinyurl.com/bsn6dxt) spell out those concerns in detail.
Gay marriage ban ‘step too far’ says Archbishop of Wales
11th December – The Archbishop of Wales says his church should receive the same option as other churches to opt in on gay marriages. The BBC reports.
The Archbishop of Wales says making it illegal for the Church in Wales to offer same-sex marriages will be a “step too far”.
Dr Barry Morgan says the freedoms of the church would be curtailed by a ban.
The UK government announced the Church in Wales and Church of England will be banned in law from offering gay marriages.
Other religious organisations will be able to “opt in” to holding ceremonies.
http://www.bbc.co.uk/news/uk-wales-20687531
Equal Marriage: the position of the Church in Wales
12th December – Yesterday the Archbishop of Wales expressed surprise about the government’s action with respect to the Church in Wales.
However, read the official submission from the Church in Wales to the consultation, and it would appear the government took them at their word.
http://www.churchinwales.org.uk/press/display_press_release.php?prid=5397
The Church in Wales is in an almost identical position to the Church of England with regard to the solemnisation of marriages. The Church in Wales’ concerns about the legal implications are therefore the same as those of the Church of England. We have taken note of these, and would seek assurances that the Government would specifically include the Church in Wales in any provisions for the Church of England under the proposed legislation.
WalesOnline – Gay marriages: Church in Wales faces ban on performing gay ceremonies.
http://www.walesonline.co.uk/news/wales-news/2012/12/12/gay-marriages-church-in-wales-faces-ban-on-performing-gay-ceremonies-91466-32408342/
UK plan for marriage equality bans England/Wales Anglican Churches
11th December – Church Times reports on the UK government’s plan for marriage equality which bans all Church of England and Church of Wales churches from conducting these services unless the governing body “opts in.” Key points:
No religious organisation or individual minister being compelled to marry same-sex couples or to permit this to happen on their premises
Making it unlawful for religious organisations or their ministers to marry same-sex couples unless their organisation’s governing body has expressly opted in to provisions for doing so
Amending the 2010 Equality Act to ensure no discrimination claim can be brought against religious organisations or individual ministers for refusing to marry a same-sex couple
The legislation explicitly stating that it will be illegal for the Church of England and the Church in Wales to marry same-sex couples and that Canon Law, which bans same-sex weddings, will continue to apply
Following a Government consultation, legislation allowing same-sex marriage will be brought forward next year. The proposals are designed to create watertight protections for religious organisations that do not want to conduct same-sex marriages, but will allow them to ‘opt in’ if they so choose.
The historic move will mean that for the first time:
same-sex couples will be able to get married in civil ceremonies; religious organisations who chose to ‘opt in’ will be able to conduct marriage ceremonies for same-sex couples; and a ‘quadruple lock’ of measures in domestic legislation would protect religious freedom, putting beyond doubt the possibility of successful challenge through domestic or European courts.
The Government reiterated today its absolute commitment that no religious organisation, or individual minister of religion, would be forced to conduct marriage ceremonies for same-sex couples. European law already puts protection for religious freedom beyond doubt (under Article 9 of the European Convention on Human Rights) but the Government intends to go even further and put in place a ‘quadruple lock’ in domestic law.
The legal locks, which will be on the face of any primary legislation, are:
no religious organisation, or individual minister, could be compelled to marry same-sex couples (or to permit this to happen on their premises); it will be unlawful for religious organisations, or their ministers, to marry same-sex couples unless the organisation’s governing body has expressly opted in to do so (and that would mean the religious organisation itself opting in, the presiding minister having consented and the premises in which the marriage is to be conducted having been registered);
http://www.churchtimes.co.uk/articles/2012/7-december/news/uk/same-sex-marriage-to-remain-illegal-in-c-of-e
Same-sex marriage: Methodist Church response
11 December – Statement from the General Secretary of the Methodist Church, the Revd Dr Martyn Atkins, in response to the Government’s proposals on same-sex marriage:
“The Government has announced that it will proceed with a Bill to make provision for the marriage of same-sex couples, including marriage in Churches which “opt in”. This decision raises both issues around the nature of marriage, and also about religious freedom.
“The Methodist response to the consultation on Equal Civil Marriage, drawn up by members of Faith and Order and the Methodist Council, stated that ‘The Methodist Church, in line with scripture and traditional teaching, believes that marriage is a gift of God and that it is God’s intention that a marriage should be a life-long union in body, mind and spirit of one man and one woman.’
“Within the Methodist Church there is a spectrum of belief about sexuality; however the Church has explicitly recognised, affirmed and celebrated the participation and ministry of lesbians and gay men.
“The Government has indicated that Churches which do not wish to marry same-sex couples will have the protection of law. This is important. However, in our response to the consultation we also stated that, while in the future we may or may not choose to affirm same-sex marriage, it would be unwarranted interference for the State to make that decision for us. For the purpose of religious freedom, if the Government allows marriage of same-sex couples in civil venues, then it must allow religious bodies to make the same choice. Whilst we recognise that most Christian Churches will probably choose not to offer same-sex marriages, the principle of religious freedom is an important one as it would it would leave with the Church the ultimate authority and autonomy to chose whether or not to do so.”
RC Bishop responds David Cameron’s views on same-sex marriage
10th December – David Cameron has said that he is an enthusiastic supporter of marriage and that he does not want “gay people to be excluded from a great institution.” Yet however well-intentioned, and despite huge opposition from Christians, Jews and Muslims alike, by attempting to change the natural meaning of marriage, he seems utterly determined to undermine one of the key foundations of our society.
Such a change is of immense significance. By this change, he is luring the people of England away from their common Christian values and Christian patrimony, and forcing upon us a brave new world, artificially engineered.
To “extend marriage to gay people”, he intends to impose the will of a tiny minority on the vast majority. If the prime minister proceeds with his intentions, he will pervert authentic family values, with catastrophic consequences for the well-being and behaviour of future generations. He will smother the traditional Christian ethos of our society and strangle the religious freedom of the Catholic Church in Britain to conduct its mission.
Of course, we will need to wait for the results of the current consultation-exercise. But in the meantime, I would like to ask Mr. Cameron: What about my rights as a Christian? Will you exempt the Church, its resources and property, from having to support your harmful ideology? Will Catholic schools, societies and institutions be free (and legally safeguarded) to teach the full truth of Christ and the real meaning of life and love?
The institution of marriage has its ups and downs, but will we ever forget that it was the leader of the Conservative Party who finally destroyed marriage as a lasting, loving and life-giving union between a man and a woman?
Anger as Government pushes ahead with gay marriage
http://www.christiantoday.com/article/3/anger.as.government.pushes.ahead%20with.gay.marriage/31231.htm
Ministers accused of ’sham’ consultation over gay marriage
Telegraph December 11 – The Coalition has been accused of running a “sham” consultation on same-sex marriage by discounting the views of more than half a million opponents.
MPs will be told that the biggest official “listening exercise” ever undertaken on a government proposal found that a narrow majority support the highly contentious move.
This result is based on the responses of around 228,000 people who took part in the consultation earlier this year, the vast majority of whom submitted anonymous online forms to the Government.
Yet petitions organised by campaigners, in which more than 500,000 people opposed plans to redefine marriage to include gay couples and around 64,000 supported them, have been ignored by ministers.
http://www.telegraph.co.uk/news/politics/9735738/Ministers-accused-of-sham-consultation-over-gay-marriage.html
A betrayal of principle on same-sex marriage – Independent editorial
Cameron’s attempt to merge principle with political calculation has failed
11th December David Cameron has made much of his promise to make the institution of marriage equally available to all British citizens, heterosexual or homosexual. But the plans that his Government unveiled today shamefully fail to deliver on such a pledge. Indeed, they are so hedged about with concessions that they will, in all likelihood, cause as much indignation among campaigners for equality as the original proposal did among opponents on the Tory right.
Not only will the new law allow other churches, synagogues and mosques to refuse to conduct gay marriages – and give them “watertight” protections against gay couples who want to take them to court to enforce equality legislation. It will also refuse to allow dissenting clerics to conduct same-sex marriages in individual churches if their organisation’s governing body has expressly declined to opt in. Most disappointing of all, same-sex marriages will be illegal in the Church of England.
Such restrictions are a tragedy both for enlightened members of those religions and also for Britain’s established Church, already struggling to demonstrate that it is in touch with the rest of British society. For the Prime Minister, however, the implications of today’s proposals are worse still, for they are nothing short of a betrayal of his undertaking to offer equal treatment to all couples wishing to marry. Mr Cameron talked big; what he delivered is a cobbling together of compromise and cowardice of which he should be ashamed.
http://www.independent.co.uk/voices/editorials/editorial-a-betrayal-of-principle-on-samesex-marriage-8406584.html