updated Thursday and Saturday
The Church in Wales has published some of the papers for next month’s meeting of its Governing Body, including three under the heading Same Sex Marriages.
The main paper is a report by the Standing Doctrinal Commission entitled The Church in Wales & Same Sex Partnerships. There is also an Executive Summary of the report. The executive summary is reproduced below the fold.
Finally there is a Procedural Note explaining how the Governing Body will have an initial discussion of the report at its meeting in April.
The procedural note referred to a number of background papers from the Standing Doctrinal Commission. These are now available.
Marriage as a Sacrament
Sexuality and the Image of God
The concept of Flourishing in Relation to Marriage as a Good, and the Question of Gay Partnerships
Same Sex Marriage – Biblical Considerations
Fundamental Scriptural Approaches
David Pocklington of Law & Religion UK has published this useful article: Same-sex partnerships and the Church in Wales.
Report from the Church in Wales Standing Doctrinal Commission
The Church in Wales and Same-Sex Partnerships.
The report sets out initially the history of marriage as the background to the discussion of same-sex partnerships. In particular this section looks at marriage in Roman times; the Jewish understanding of marriage at the time of Jesus; the early church’s teaching, with its emphasis on celibacy, and the fact that not until the fourth century A.D. did a priest or bishop bless the couple getting married. Not until the thirteenth century, as well, was marriage seen as a sacrament. The report discusses the teaching of the Anglican Book of Common Prayer on marriage, and the crucial importance of the 1754 Marriage Act in England and Wales. Here, for the first time, marriage was only legally valid if performed in an Anglican church by an Anglican cleric. However by 1836 marriage in a registry office was allowed as a concession to non-conformists. The growth of cohabitation and same-sex civil partnerships is discussed, and finally the 2013 Same-Sex Marriage act is mentioned, which becomes law in March 2014, and sets the context for the discussion of the report.
The next section of the report (paragraphs 31-51) discusses the implications for the church of the scientific debate about sexual orientation. In particular, the final three paragraphs of this section argue that science should not determine the mind of the church, but there is a need to reflect on the growing scientific evidence that homosexual orientation should not be regarded as “a pathology but as a natural characteristic which, for a small but significant proportion of the population, is acquired before birth”. What is the moral and theological significance of this fact?
Therefore the report proceeds to discuss the place of scripture and doctrine (paragraphs 52-4). This section is brief, because the lengthy papers on this topic are on the Church in Wales’ website. What is important is that the church engages in a search for holiness for itself before God. The report then considers three options for the Church in Wales. One is a restatement of the traditional position, that marriage is only between a man and a woman (paragraphs 56-77). The second option is the blessing of same-sex partnerships, which is now allowed in some Anglican dioceses in Canada and the United States (paragraphs 78-102). Thirdly there is the option of marriage between a couple irrespective of sexual difference (paragraphs 103-136). Finally the report ends with an emphasis on what a pastoral response would look like.
Yesterday, the Government made this announcement: First Same Sex weddings to happen from 29 March 2014.
Women and Equalities Minister Maria Miller has announced that the first same sex weddings in England and Wales will be able to take place from Saturday 29 March 2014.
Following the Marriage (Same Sex Couples) Act 2013 successfully completing its journey through Parliament in July 2013, the government has been working hard to ensure that all the arrangements are in place to enable same sex couples to marry as soon as possible.
As a result of this work, the first same sex weddings can now happen several months earlier than anticipated, subject to Parliament’s approval of various statutory instruments, to be laid in the new year.
David Pocklington reports today on the details of this, and notes the various further steps required, in Same-Sex Marriage from 29th March 2014?
He then adds the following Comment in relation to the Church of England:
On 9-10 December, the House of Bishops met for two days in York to discuss a wide range of business, including the Pilling Report. The Minister’s announcement that the first same-sex weddings are likely to happen several months earlier than anticipated brings a new urgency to their deliberations on the approach of the Church of England to human sexuality. As noted in the Report, [at paras. 382, 383],
382 […] Moreover, some form of celebration of civil partnerships in a church context is widely seen as a practice that would give a clear signal that gay and lesbian people are welcome in church.
383. This is a question on which our group is not of one mind – not least since a willingness to offer public recognition and prayer for a committed same-sex relationship in an act of public worship would, in practice, be hard to implement now for civil partnerships without also doing so for same-sex marriage (which, like civil partnerships, makes no assumption, in law, about sexual activity).
The Archbishop of Canterbury has announced that the Bishop of Rochester, the Rt Revd James Langstaff, is to be the next Bishop to Her Majesty’s Prisons, the senior church advocate for Christian values in the criminal justice system in England and Wales
Bishop of Rochester to be next Bishop to Prisons
Monday 18th November 2013
The Bishop of Rochester, the Rt Revd James Langstaff, is to be the next Bishop to Her Majesty’s Prisons, the senior church advocate for Christian values in the criminal justice system in England and Wales. He will succeed the Rt Revd James Jones, who retired as Bishop of Liverpool in August.
The church makes a major contribution to public debate on criminal justice and the Bishop to Prisons speaks on criminal justice issues in the House of Lords.
As Bishop to Prisons, Bishop James will support the practical work of the Chaplain- General to the Prison Service, Canon Michael Kavanagh and the network of 300 Prison Service Chaplains who share in the front-line care of prisoners. The Bishop to Prisons also develops church links with other agencies concerned with the reform and improvement of prisons. In addition the churches provide the largest single pool of voluntary support and assistance to the criminal justice system.
The Archbishop of Canterbury, the Most Revd Justin Welby, said: ‘James Jones has been an excellent Bishop to Prisons, supporting chaplains on the ground and acting as an extremely effective spokesman for the Church on criminal justice. I am delighted that James Langstaff has agreed to take on this vitally important role. Prison chaplains engage in front-line gospel work, providing pastoral care and bringing the good news of God’s love to thousands of men and women in prison.’
Bishop James Langstaff said: ‘I am excited to have been asked to be Bishop for Prisons. Criminal justice issues have a high profile within our society and with others I will be seeking to offer a Christian perspective within those discussions. I am also a huge admirer of the work of prison chaplains and look forward to working with the Chaplain-General and ecumenical colleagues to support that work. The treatment of prisoners has been a Christian concern for centuries – it is clearly expressed in the biblical prophets – and it is important that we continue to engage clearly with these issues.’
The appointment covers the prison estate in England and Wales and is agreed by the Archbishops of Canterbury, York and Wales.
Bishop James Langstaff will take on the role of Bishop to Prisons in addition to his duties as Bishop of Rochester.
Prisons Week, which is endorsed by the Church of England, takes place from 17-23 November. Its organisers are encouraging more volunteers to support schemes run in their local prisons and to support the families of prisoners. www.prisonsweek.org
The recent decision of the Church in Wales to allow women to be consecrated as bishops, and the election of a woman bishop in the Church of Ireland have prompted an article, Women bishops and the recognition of Orders, by Will Adam, editor of the Ecclesiastical Law Journal, in Law and Religion UK about the implications for the Church of England.
… This is bound to bring up again the question of the recognition in a Church which does not permit the ordination of women as bishop of episcopal acts performed by a bishop who is a woman …
However, the consecration of a woman as a bishop in the Church of Ireland changes the situation. Deacons, priests and bishops of the Church of Ireland, Church in Wales and Scottish Episcopal Church are not considered as “overseas” clergy by the law applying to the Church of England. This is significant, because the permission of the Archbishops of Canterbury and York is not required for such ministers to be invited to exercise the ministry of their orders in England …
The article refers to this 2004 opinion from the Legal Advisory Commission of the Church of England: The Effect of Acts by women Bishops of Churches in Communion with the Church of England.
Kelvin Holdswoth writes about the same topic in Taint. He concludes with
What I’m interested in is that with respect of our current bishops in Scotland, all of them have either had a female co-consecrator present at their consecration, joined in consecrating someone with a female co-consecrator present or have been consecrated by someone who has had a female co-consecrator present at their own consecration.
What I wonder is whether those who apply the theology of taint believe that anyone at all (bishops, priests or deacons) now ordained in Scotland is legit.
Oh, and by the way an English bishop was present and joining in when this situation began. I was there – I saw it with my own eyes.
Where does this leave the Scottish Episcopal Church in relation to those who would deny the legitimacy of women to act as bishops? …
Do we, or do we not, remain in full communion with [all of] the Church of England?
THE CHURCH IN WALES’ DECISION ON WOMEN BISHOPS: STATEMENT BY FORWARD IN FAITH
Forward in Faith regrets the decision of the Governing Body of the Church in Wales to authorize the ordination of women as bishops without first agreeing arrangements for those who, for theological reasons, will not be able to receive episcopal ministry from them.
We cannot see how a female bishop could be what a diocesan bishop should be – a Father in God and a focus of unity for all within his diocese. This vote therefore makes the question of the provision of episcopal ministry for those who continue to uphold catholic faith and order in the Church in Wales even more pressing.
Experience in Wales and elsewhere does not give us confidence that the promised ‘code of practice’ could offer the level of assurance that would encourage growth and flourishing – so sorely needed in Wales – or the degree of certainty that would remove the possibility of damaging and distracting disputes.
Our brothers and sisters in Credo Cymru will seek to enter into dialogue with the Welsh bishops. We can only hope that their representations will be met with the generosity of spirit that ought to be the hallmark of Christian episcopacy. Meanwhile, we continue to pray for and with our Welsh sisters and brothers, encouraging them to follow St David in being joyful and keeping the faith.
The Rt Revd Jonathan Baker, Bishop of Fulham
13 September 2013
Women and the Church has issued this press release:
WATCH is delighted at the result of the vote on allowing women to become bishops passed by the Governing Body of the Church in Wales. In the end the vote was a straightforward one, either yes or no to allowing women to join the episcopate. The House of Laity voted For, 57, Against, 14, Abstentions, 2, in the House of Clergy For, 37, Against, 10 and Abstentions, 0 and in the House of Bishops For 6, Against, 0 and Abstentions, 0. The Archbishop of Wales, the Most Revd Dr Barry Morgan said before the vote that if it was a yes vote, the Bishops would consult widely on a code of practice and that there would be discussions about it at the Governing Body in April 2014.
The vote in Wales provides much encouragement to those praying and campaigning to see women take their rightful place alongside men at every level , including the episcopate, in the Church of England.
The Reverend Rachel Weir, Chair of WATCH said “This is fantastic news and we are delighted that the Church in Wales has opted for simple legislation enabling women to become bishops. The vote will provide a welcome boost to the morale of female clergy well beyond the welsh borders and help to set a positive context for our own ongoing legislative process in the Church of England”
The Governing Body of the Church in Wales this afternoon voted in favour of the consecration of women as bishops. Here is the official press release.
Church votes to ordain women as bishops
A Bill to enable women to be consecrated as bishops was passed by members of the Governing Body of the Church in Wales meeting at the University of Wales Trinity Saint David in Lampeter today.
The Bill was amended, following a lengthy and passionate debate, to become a one-stage vote to enable the consecration of women as bishops, with a “code of practice” to be written by the Bishops for those who in conscience could not accept the authority of women bishops. The amendment had been tabled by the Archdeacon of Llandaff, Peggy Jackson, and Revd Canon Jenny Wigley.
The Bill was proposed by the Bishop of St Asaph, Gregory Cameron, and seconded by the Bishop of Bangor, Andy John.
Addressing members, the Archbishop, Dr Barry Morgan, said, “Thank you for the way in which the debate has been conducted and I hope you will trust us as Bishops to prepare a code of practice.”
House of Laity – 57 yes 14 no 2 absentions
House of Clergy – 37 yes, 10 no
House of Bishops – unanimous.
A two thirds majority was required in each house.
ACNS reports Wales says ‘yes’ to women bishops.
One year from today, women priests can become bishops in the Church in Wales.
The historic decision to allow women bishops was made at today’s meeting of the Church’s Governing Body in Lampeter, Ceredigion.
The Bill that came before today’s meeting was a modified version of the one that was narrowly voted down in 2008.
The modification proposed that, were the Church to vote ‘yes’ to women bishops, a second Bill dealing with provision for those opposed to women bishops would be considered before any women were elected to the episcopate.
This would have delayed the election of women bishops in the Province for several years.
The Bill was amended, following a lengthy and passionate debate, to become a one-stage vote to enable the consecration of women as bishops, with a “code of practice” to be written by the bishops for those who in conscience could not accept the authority of women bishops. The amendment had been tabled by the Archdeacon of Llandaff, Peggy Jackson, and Revd Canon Jenny Wigley.
Wales now joins the Scottish Episcopal Church and the Church of Ireland, both of which allow women bishops, though which have not appointed any to date.
The members of the Governing Body meeting spent several hours in debate. Around 3pm it looked as if they were going to vote on whether to pass the amended bill. However, the group voted instead to continue the debate.
People around the world were able to follow the highlights of the debate on the Social Media microblogging site Twitter using #govbody. Comments came from people inside and outside the meeting in English and also in Welsh.
When the Church finally voted on the amended bill at 4.50pm, the following votes were cast:
Laity - For 57 Against 14 Abstentions 2.
Clergy - For 37 Against 10 Abstentions 0.
Bishops - Unanimously For.
To date there have been 33 women bishops in the Anglican Communion. Twenty-four are either in post or are bishop-elect.
The latest election of a woman to the episcopate is Helen-Ann Hartley, an English priest who will become a bishop the Anglican Church in Aotearoa, New Zealand and Polynesia in early 2014.
With today’s decision, Wales joins Bangladesh, Brazil, Central America, Hong Kong, Ireland, Japan, Mexico, North India, Philippines, Scotland, Sudan and Uganda as Provinces that permit women bishops but have not yet appointed any.
Those Provinces or ‘extra provincial’ churches or diocese with women bishops include Aotearoa, New Zealand & Polynesia; Australia; Canada; Southern Africa; United States and Cuba (an extra-provincial diocese).
BBC Church in Wales backs women bishops
Gavin Drake in the Church Times Church in Wales votes for women bishops
Wales Online Church in Wales votes to ordain women as bishops
Steven Morris in The Guardian Female bishops voted in by Church in Wales
John Bingham in The Telegraph Women bishops given go-ahead in Wales
Updated Thursday morning
The Governing Body of the Church in Wales is meeting today (Wednesday) and tomorrow. The agenda, with links to the papers, is online here.
There are already two press releases
with links to speeches by the Archbishop of Wales.
The main item of business tomorrow is the Bill to Enable Women to be Consecrated as Bishop. The meeting is scheduled to continue into Thursday afternoon.
Wales Online yesterday previewed the debate with Women bishops vote could be derailed again.
The chair of WATCH has sent this Message to the Church in Wales.
The Governing Body of the Church in Wales will be meeting next month. On the agenda is a bill to allow women to be bishops. The Church has issued this press release today.
Church to vote on women bishops
The Church in Wales will decide next month whether or not to allow women priests to be ordained as bishops.
A Bill, proposed by the six diocesan bishops of the Church, will be voted on by the 144 members of the Church’s legislative arm, the Governing Body, at the University of Wales, Trinity Saint David, at Lampeter, on Thursday, September 12.
The Bill will need a two-thirds majority in each of the three sections of the Governing Body in order to be passed – the House of Bishops, the House of Clergy and the House of Laity. However, if it is passed, it will not come into effect until a second Bill, outlining a scheme of provision for those who cannot accept women bishops, is written and passed.
The process will start with a vote on three proposed amendments to the Bill.
The Archbishop of Wales, Dr Barry Morgan, says, “Since we ordain women as deacons and priests it makes no theological sense not to ordain them as bishops since we believe in the three fold order of ministry. That is why I and my fellow bishops will be asking members of the Governing Body to vote in favour of the Bill. It would not be able to come into effect immediately but at least we would have established the principle to which I believe most people in the Church assent.”
This will be the Bishops’ second attempt to pass a Bill to ordain women as bishops. Their first Bill was defeated in April 2008 when it failed, by three votes, to secure a two-thirds majority in the House of Clergy.
The two-day Governing Body meeting begins on Wednesday at 1.30pm with an address by the President, the Archbishop of Wales. The Bill to enable the Consecration of Women as Bishops will be introduced on Thursday at 9.30am.
Also on the Agenda are:
- Church in Wales Review – a progress report on the Review which will include a motion to support a framework for setting up “Ministry Areas” across Wales. A Ministry Area is a large group of churches led by a team of clergy and lay people. They are designed to replace the traditional parish system as a more effective structure for ministry for today’s society.
- Schools – the launch of a bond to strengthen the relationship between church schools in Wales and the National Society for Promoting Religious Education. The Revd Janina Ainsworth, the General Secretary of the National Society, will address the Governing Body, before she joins the Archbishop to sign a Memorandum of Understanding between the NS and the Church in Wales. The Memorandum marks a restatement of common purpose and shared commitment to the 25,000 pupils, staff and communities of the 165 Church in Wales schools.
The Bill and its proposed amendments, as well as the full Agenda of the Governing Body meeting, will be on the Church in Wales website after August 28 here.
Although the Church in Wales was disestablished in 1920, disestablishment was not complete (for example in the area of marriage law). The Constitutional and Legislative Affairs Committee of the National Assembly for Wales has been inquiring into Law-making and the Church in Wales and their report was published yesterday. It recommends “that the Church in Wales should be fully disestablished”.
There are links to the report of the inquiry and to the evidence given to it by Professor Norman Doe, Professor Thomas Glyn Watkin, and the Archbishop of Wales here.
Frank Cranmer of Law & Religion UK explains it all in Disestablishing the Church in Wales – at last?
The Church in Wales has responded with this: Church responds to National Assembly law report.
Press reports inlcude
07 June 2013
Bishops and Church leaders call on Government ministers to apologise
An alliance of Churches representing Christians from England, Scotland, Wales and Ireland has written to the Prime Minister asking for an apology on behalf of the Government for misrepresenting the poor.
Church leaders, including the Right Revd Tim Stevens, Bishop of Leicester, and the Right Revd Nick Baines, Bishop of Bradford, pointed out that in recent weeks senior members of the Government have given out misleading and inaccurate information about people on benefits. Outlining the inaccuracies, they asked for them to be corrected and for an apology to be offered to those who were misrepresented.
“We are concerned that these inaccuracies paint some of the most vulnerable in our society in an unfavourable light, stigmatising those who need the support of the benefits system,” the letter states. “No political or financial imperative can be given to make this acceptable.”
April saw some of the most controversial and wide ranging changes to the benefit system in a generation. In their letter, Church leaders, including the leaders of the Methodist Church, the Baptist Union of Great Britain and the United Reformed Church, said that while they hold no common view on welfare reform, they all share the belief that that those in receipt of benefits are loved and valuable.
“What unites us is the belief that the debate around these reforms should be based on truthful information,” they write. “We ask you, as Prime Minister and as leader of the Conservative Party, to ensure that the record is put straight, and that statistics are no longer manipulated in a way which stigmatises the poorest in our society.”
The full text of the letter to the Prime Minister is available here.
Appendix one to the letter to the Prime Minister is available here.
Appendix two to the letter to the Prime Minister is available here.
Wales Online reports tonight that First female Dean of Llandaff Cathedral quits after two months.
The first woman Dean of Llandaff Cathedral has resigned just two months after she was installed in the post.
The Archbishop of Wales, Dr Barry Morgan, said he had accepted Janet Henderson’s resignation “with enormous sadness”.
Church in Wales sources have told WalesOnline that Dean Henderson had had “a “difficult time” since her appointment, with some clergy resenting the appointment of a woman…
Updated Saturday evening
Yesterday’s Church Times has an article by Linda Woodhead about a survey that “suggests that non-churchgoing Anglicans may be much more important to the Church and its future than the dismissive word “nominals” implies.”
The article is only available to Church Times subscribers, but British Religion in Numbers (BRIN) has a summary in Profile of Anglicans and Other News. The survey shows that self-identifying Anglicans divide into four categories.
Godfearing Churchgoers (5% of Anglicans)
Mainstream Churchgoers (12% of Anglicans)
Non-Churchgoing Believers (50% of Anglicans)
Non-Churchgoing Doubters (33% of Anglicans)
The BRIN article also reports on surveys on St George’s Day and Student faith.
Jonathan Clatworthy has written about the survey of Anglicans for Modern Church: On not going to church.
See our earlier report here.
There is now a “Highlights” report of the meeting available as a PDF file.
There is further detail about the church’s position in respect of the Marriage (Same Sex Couples) Bill in the (bi-lingual) report of the Standing Committee.
There are some interesting Ministry Statistics in this report.
The Governing Body of the Church in Wales is meeting today and tomorrow in Lampeter.
The agenda documents can be found here.
This press release: Ministry is for everyone, not just vicars - Archbishop of Wales was accompanied by the full text of Presidential Address by Archbishop Barry Morgan.
The Governing Body of the Church in Wales will be meeting on 10 and 11 April 2013. The agenda includes group discussion on women bishops, as this extract from a press release describes.
The ordination of women as bishops will be discussed by clergy and lay people from all over Wales at a key Church meeting next week.
Theological arguments for and against women bishops will be presented to members of the Church in Wales’ Governing Body during its two-day meeting at the University of Wales, Trinity Saint David, in Lampeter, on April 10-11.
The 144 members will be put into seven groups, each facilitated by a bishop, to consider two papers – one outlining the case for the ordination of women and one setting out the case against.
The discussions are being held ahead of the introduction of a two-stage Bill to the Governing Body in September to ordain women as bishops. That legislation, however, will not be addressed by the groups next week.
The Bishop of St Asaph, Gregory Cameron, says, “It is now five years since the last time that Governing Body considered the question of the ordination of women to the episcopate, and many of its members will have changed. The bishops feel it is important that Governing Body has the opportunity to explore the theological questions behind these issues, and understand the conscientious reasons why those opposed to the ordination of women to the episcopate would not be able to accept the sacramental ministry of a woman bishop as well as the theological reasons why those in favour believe that the time is right for such as a step.”
The discussions will take place on Thursday morning from 9.30am.
The full agenda is available online.
The Governing Body previously considered a bill to allow women to be bishops in April 2008. It was defeated then as it failed to achieve a two-thirds majority in the House of Clergy.
Updated finally on Friday morning
The Marriage (Same Sex Couples) Bill is now being scrutinised by a Public Bill Committee.
Today was the first day of taking evidence, and those appearing included representatives of the Church of England, the Roman Catholic Church, and the Church in Wales. The second day will be on Thursday.
The evidence sessions can be watched via Parliament TV, at the following locations
Hansard written record of proceedings:
The committee has started to publish memoranda submitted in written evidence. Of particular interest may be this memo from Lord Pannick QC.
Follow this link, and scroll down for others.
Updated again Tuesday morning
The House of Commons committee hearings will commence on 12 February.
The committee is inviting the public to submit written evidence. The closing date is 12 March, but earlier submissions are encouraged.
Amendments are being filed by MPs and updated lists of them will be published regularly. The first set of them is here.
Update 11 February A few more amendments are now here.
Update 12 February Further amendments and a list of witnesses for this week here.
Just before the Second Reading, ResPublica published this “Green Paper” by Roger Scruton and Phillip Blond: Marriage: Union for the future or contract for the present (PDF).
A shorter version of this paper is published at ABC Religion and Ethics under the title Marriage equality or the destruction of difference?
The speech made in the Second Reading debate by Sir Tony Baldry, Second Church Estates Commissioner, can be found here.
David Pocklington has written at Law & Religion UK an article titled Tenuous European links to same-sex marriage, which deals with claims made elsewhere that recognition of same-sex marriages will become a “European requirement”.
The Guardian has a detailed analysis of the Second Reading vote.
Frank Cranmer at Law & Religion UK has published a very helpful summary of the bill in Marriage (Same Sex Couples) Bill: the published text.
Adam Wagner at the UK Human Rights Blog has written Equal marriage on the way as Bill published.
The Roman Catholic Bishops of England and Wales have issued this statement opposing the bill.
Maria Miller, the Secretary of State responsible for the bill, appeared on the BBC Radio 4 programme Today on Friday morning, and the full interview is available here: Maria Miller: Churches ‘free to choose’ on gay marriage.
Colin Coward has commented at Changing Attitude on the CofE’s official statement in Church of England’s attitude to civil partnerships and same-sex marriage.
Ed Thornton reported for the Church Times that Stevens holds line as Government publishes same-sex marriage Bill.
The Church in Wales has issued this: Marriage (Same Sex Couples ) Bill - A statement:
Marriage (Same Sex Couples ) Bill - A statement
25 January 2013
Since the Statement to Parliament by the Minister for Women and Equalities on 11 December 2012, the Government has worked to understand and accommodate the position of the Church in Wales in its equal marriage Bill. As a disestablished church with a legal duty to marry the Church in Wales is uniquely placed. The Bill provides protection for the Church whilst still enabling it to make its own decision on same-sex marriage.
Under the Bill, the duty of Church in Wales ministers to marry will not be extended to same-sex couples. However, should the Church’s Governing Body decide in the future that the Church wishes to conduct such marriages, there is provision in the Bill for the law to be altered without the need for further primary legislation by Parliament. Instead, a resolution from the Church’s Governing Body would trigger an order by the Lord Chancellor for the necessary legal changes to be made.
The Church of England has issued this: Bishop of Leicester responds to Marriage (Same Sex Couples) Bill:
25 January 2013
The Rt Rev Tim Stevens, Bishop of Leicester, has today made the following statement on the publication of the Marriage (Same Sex Couples) Bill.
“I am grateful to the Secretary of State and her officials for the constructive way in which they have consulted with the Church on the issue of effective legal safeguards. I acknowledge the progress made on that front, and the commitment of the Government to ensuring that the churches concerns are properly accommodated in the draft legislation. As we have repeatedly made clear to officials, we regret that more time has not been made available before publication of the Bill to give every detail the attention it deserves. We will wish to comment further when we have had the opportunity to examine the provisions in the Bill more closely.
“The Church of England however continues to hold the view, set out in doctrine and Canon law, that marriage is a union between one man and one woman. It is a social institution that predates both church and state and has been part of the glue that has bound countless successive societies together. I welcome the opportunity that civil partnerships have given to enable same sex couples to mark and celebrate their commitment to each other. Further, I recognise that there is a range of views amongst the membership of the Church of England. I do not however believe that holding to a traditional understanding of marriage is, or should be, regarded as a discriminatory position.
“Many principled and practical concerns about legislating to redefine marriage were set out in the Church of England’s submission to the Government consultation in June 2012. For the Church of England, in common with other denominations and faiths, one central test of this Bill is whether it will preserve and guarantee religious practice and religious conscience. We recognise that the Government has sought hard to do so in the drafting, but as the legislative process continues we shall wish to press serious questions about the implications for wider society, for the significance of procreation and upbringing of children as part of the purpose of marriage, the effect on teaching in schools, and the work of chaplains and others with religious convictions who are involved in public service delivery.
“We have also continued to raise questions about whether it is wise or appropriate to legislate at speed on a matter of such fundamental importance to society, when the proposal was not in any major party manifesto, the Coalition Agreement or the last Queen’s Speech. The lack of a clear mandate and the absence of an overwhelming public consensus for change ought at least to give pause for thought.”
Marriage (Same Sex Couples)
Presentation and First Reading (Standing Order No. 57)
Secretary Maria Miller, supported by the Prime Minister, the Deputy Prime Minister, Mr Chancellor of the Exchequer, Secretary Theresa May, Secretary Michael Gove, Secretary Eric Pickles, Hugh Robertson, Lynne Featherstone, Mrs Helen Grant and Jo Swinson, presented a Bill to make provision for the marriage of same sex couples in England and Wales, about gender change by married persons and civil partners, about consular functions in relation to marriage, for the marriage of armed forces personnel overseas, and for connected purposes.
Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 126) with explanatory notes (Bill 126-EN).
The Leader of the House of Commons announced that the Second Reading (first stage of actual debate) of the bill will take place on 5 February.
The text of the bill, and an explanatory note, are available here.
The impact assessment is also linked from that page.
Meanwhile, some news reports and comment:
Yesterday was also one of the days for Questions to be asked of the Second Church Estates Commissioner, Sir Tony Baldry. In relation to this topic, and on the related topic of Civil Partnerships, here is what he said:
Miss Anne McIntosh (Thirsk and Malton) (Con): What recent representations he has received on the implications of same-sex marriage for the Church.
The Second Church Estates Commissioner (Sir Tony Baldry): The Church has had a series of discussions with the Government Equalities Office and officials over the past few weeks regarding the drafting of the Government’s Bill. There have also been meetings between senior Church representatives and the Secretary of State.
The Church of England’s position on the issues of principle were set out clearly in the published submission from the two archbishops last June. I understand that the Bill is to be published later today, and I would prefer to defer any further comment on the detailed drafting of it until Second Reading, which I understand will be soon.
Miss McIntosh: I thank my hon. Friend for his answer. Will he give an indication of the timetable that the Church would need in order to implement the rather complicated system envisaged in the Bill?
Sir Tony Baldry: That will depend largely on the timetable set out in the Bill, and my hon. Friend gives me the opportunity to clarify one important point. The Church of England is not asking for any special treatment or protection under this legislation; the issue is simply that the Bill should be drafted to ensure that the Church of England has the same freedoms as all other Churches and denominations to decide these matters for itself, and that, of course, must reflect the unique legal position of the Church of England.
Sir Peter Bottomley (Worthing West) (Con): Speaking as someone who had a heterosexual marriage celebrated and registered in church, I hope that the Church Commissioners will explain to Colin Hart, the self-appointed campaign director of the so-called Coalition for Marriage, that having unity and diversity is a good idea, and that nobody in the Church of England ought to be worried about same-sex couples having the same opportunities of marrying as those of the opposite sex.
Sir Tony Baldry: These are issues that we will each have to address on a free vote on the Bill’s Second Reading, which I understand will take place soon. It may be for the convenience of the House if I give a brief summary of the submissions made by both archbishops in response to the Government’s earlier consultation, so that there is no ambiguity about the Church of England’s position. In their summary, the two archbishops said:
“The Church of England cannot support the proposal to enable ‘all couples, regardless of their gender, to have a civil marriage ceremony.’ Such a move would alter the intrinsic nature of marriage as the union of a man and a woman, as enshrined in human institutions throughout history…To change the nature of marriage for everyone will be divisive and deliver no obvious legal gains given the rights already conferred by civil partnerships. We also believe that imposing for essentially ideological reasons a new meaning on a term as familiar and fundamental as marriage would be deeply unwise.”
And here on Civil partnerships:
Mr Ben Bradshaw (Exeter) (Lab): What the policy of the Church of England is on celebrating civil partnerships.
Sir Tony Baldry: The Church of England’s position remains as set out in the House of Bishops pastoral statement of July 2005. A working group chaired by the former Northern Ireland Office permanent secretary, Sir Joseph Pilling, is reviewing the Church’s approach to sexuality more generally and will submit a report to the House of Bishops by the end of this year. A private member’s motion seeking to authorise the registration of civil partnerships in Church of England churches is due for discussion in the General Synod in due course.
Mr Bradshaw: As the hon. Gentleman will know, a number of senior Church of England bishops have, in the context of the debate on same-sex marriage, expressed their support for civil partnerships, but would the Church of England’s opposition to same-sex marriage, and the distinction it tries to draw, be more credible and have more authority if it allowed Church of England parishes that want to conduct civil partnerships to do so?
Sir Tony Baldry: The right hon. Gentleman makes his point well. Given the sensitivity of the issue, the most sensible thing for me to do is to ensure that his comments and those of any other right hon. and hon. Members are drawn to the attention of Sir Joseph Pilling.
Paul Johnson has written an article for the Jurist titled Same-Sex Marriage To Be ‘Illegal’ in the Church of England and Church in Wales. He argues that the effect of an on-going human rights debate in the British Isles and the European Court of Human Rights may have a detrimental effect on the same-sex marriage debate in the UK…
I found this paragraph particularly interesting:
…On the basis of a growing moral panic about human rights in the UK, the government has announced deeply problematic legislation. Whilst they will extend marriage to same-sex couples in England and Wales, they will also amend the Equality Act 2010 to establish a form of legal discrimination in marriage based on sexual orientation. They will also write legislation to make same-sex marriage in a Church of England or Church in Wales church “illegal.” The UK government will, therefore, follow a number of other states, such as those African states like Nigeria, that are regularly held up in the UK as the embodiment of homophobia, and introduce legislation designed to prohibit same-sex marriage in a particular context…
Paul also wrote this article last June: Same-Sex Civil Marriage Gives Deference to Church of England Canon Laws
Scot Peterson has written an article, now republished at Law and Religion UK titled Same-sex marriage, National Churches and the quadruple lock.
On 11 December the government announced its response to the consultation on same-sex marriage that took place from 15 March to 14 June 2012. The initial consultation concerned how (not whether) to proceed with same-sex civil marriage. In its response to the initial consultation, the Church of England failed to respond to the question that the government had asked. It took the position that all marriage (civil or religious) was the same and that same-sex marriage should not be offered by the state. The church failed entirely to say how it could be offered, arguing that same-sex marriage should not be offered at all, even by the government in non-religious ceremonies…
And he concludes:
It seems clear that the constitutional, political and legal complexities of the law of marriage in Wales surprised the government. But good, sensible argument, not a generalized attack on the government’s competence is needed. And extending the omnishambles argument to the Church of England is entirely unfair given that Church’s general, public refusal to cooperate with the consultation in the first place.
The Church of Wales may have received a temporary scare, which will make it think twice in the future about trying to ride on the coat-tails of its established equivalent in the east. The Church of England may have received its just deserts for being obstinate. But the government should not be the target of general criticism for an honest mistake on an obscure point of law, which was unforeseeable when the Church in Wales did not address this point, or any other, in its response to the consultation.
The problems in this bill can easily be corrected. This is a cross-party question of policy that addresses a felt need by LGBT people and religious freedom for minorities like Quakers, Unitarians and Liberal Jews as well as for those, like the Roman Catholic Church and the Church of England, who disagree. It should not be turned into a political football.
Anya Palmer has written in the Solicitor’s Journal_ One step forward, two steps back.
The government’s decision to make it illegal for the Church of England to conduct same-sex marriages leaves Anya Palmer questioning its position in society.
Anya Palmer has written Church “shocked” to get what it lobbied for
Suggestions that CoE never asked for gay marriage ban need to be taken with a pinch of salt
The Guardian reported on Friday (14 December 2012) that the Church of England and Church of Wales have expressed their “complete shock” at proposals to ban them from conducting marriages for same sex couples. The piece ends with Ben Bradshaw MP quoting the Bishop of Leicester as saying the CoE was very upset about this “because it gave the impression that the Church of England were unfriendly towards gays.”
But is the Church of England really unhappy with the proposed ban?
…The only on-the-record statement from the Church of England in the Guardian report is from “a spokesman” claiming that the CoE was not consulted on the proposed “quadruple lock”. The spokesman does not confirm that the CoE does not want a ban – all he or she confirms is that the CoE claims it was not consulted.
Personally I find it difficult to believe the CoE was not consulted.
Firstly, because when the government’s proposals were outlined, on Tuesday 11 December, the Church of Wales immediately stated it did not agree, whereas the Church of England neither disagreed nor made any claim that it had not been consulted. Here is the statement the CoE put out on Wednesday 12 December:
Far from suggesting the CoE has not been consulted, the statement asserts that it has been listened to:
“This is not a question of the Government and Parliament imposing a prohibition or ‘ban’ on what the Church of England can do. It is instead the Government responding to the Church’s wish to see the status quo for the Church of England preserved.” [Emphasis added]
The statement clearly approves of the proposal that the CoE not be given a right to opt in:
“For Parliament to give the Church of England an opt-in to conduct same sex marriages that it hasn’t sought would be unnecessary, of doubtful constitutional propriety and introduce wholly avoidable confusion.”
If that doesn’t say “we don’t want an opt-in, thank you” I am not sure what would.
This statement was presumably approved at a high level. It has not been retracted. At no point has the Church of England stated on the record that it does not want the additional bar.
And secondly, I don’t believe the CoE was not consulted because the Department of Culture, Media and Sport has now put out a statement expressly denying that the CoE was not consulted…
Sam Jones at the Guardian had Government’s gay marriage plan a mess, says Labour
Savi Hensman at Ekklesia has Equal marriage confusion: owning up.
…The government would appear to have blundered in its attempts to head off the more alarmist opponents of equal marriage. But it cannot be blamed for the perception that the C of E is “unfriendly to gays”.
Church leaders have openly and persistently discriminated against lesbian, gay, bisexual and trans (LGBT) people, to the extent of asking lawyers to come up with excuses for blocking even celibate gays who seek full inclusion from being considered as bishops.
They have also criticised other Anglican provinces for treating LGBT people equally, and sought to give greater power to anti-inclusive churches to hinder progress in other countries.
The official consultation response on equal civil marriage was not only heavily negative but also raised alarms about human rights law and the position of the Church of England as an established church.
Exaggeration and misinterpretation of these warnings was not properly addressed by church authorities unwilling to admit in public that many at all levels of the Church of England want greater inclusion…
Fraser Nelson writes in the Sunday Telegraph that Britain is getting a glimpse of the crazy world of culture wars.
…But the news, in recent days, has started to sound a little more American. MPs have been quoting the Bible in just the same way, and getting themselves just as wound up. David Cameron’s plans for gay marriage, which were controversial enough in the first place, have been made even more so by his decision to let such unions take place in churches. After two years of trying to discuss this rationally, tribal battle has now broken out. A group of liberal Tories calling themselves the “Freedom to Marry” alliance are up against a group of less organised, lesser known and less telegenic Conservatives who are popping up on TV to denounce the Government. The ordinary viewer may conclude that the Tory party is going through one of its periodic bouts of madness.
I suspect that, by now, even Cameron is wondering if this has not all spun out of control. It’s perfectly easy to see his original logic. As a matter of principle, he believes in marriage and would like it to be accessible to everyone. If the Unitarian Church and certain strands of Judaism want to marry gay couples on their premises, then why should government stand in their way? For the record, I quite agree. Religious freedom in Britain ought to be universal, extended to the handful of churches or synagogues who want same-sex marriage. To lift the ban ought to be a technical issue, an amendment to the Civil Partnership Act 2004 requiring no fanfare…
Ed Malnick has a report in the Sunday Telegraph inaccurately headlined Anglican vicars threaten to defy gay marriage ban.
Leading Anglican campaigners have warned that Government plans to exempt the Church from the new legislation will lead to hundreds of homosexual clergy and worshippers marrying in Quaker and Unitarian services and then returning to the Church.
In a letter to The Sunday Telegraph, dozens of clergy, including Lord Harries, the former Bishop of Oxford, today urge homosexual Anglicans to follow this course of action.
“Until the Church of England allows us to solemnise same-sex marriages in our churches, as a matter of pastoral expediency we will counsel lesbian and gay members of our congregations to marry in those churches willing to celebrate faithful same-sex relationships,” the letter, which is also signed by scores of lay members of the Church, states.
The 150 signatories warn: “If the bill is enacted in its present form, in 2014 married lesbian and gay Anglicans, lay and ordained, will be worshipping and ministering in parishes of the Church of England.”
The presence of married homosexual couples, including clergy, in the Church will force its leaders to confront the growing debate over sexuality, the letter suggests…
The letter itself, with signatories, appears here (scroll down).
Vicky Allan in the Sunday Herald writes that Love will burst through any lock.
When it comes to keeping intruding gay couples out of the premises of the institution of marriage, there is only one security measure up to the job – the Westminster quadruple lock.
Like many aspects around last week’s launch of the bill to introduce equal marriage in England and Wales, this term used to describe the multiple layers of protection that will be afforded the clergy to allow them to act as their beliefs dictate – measures which include a ban on same-sex marriages being conducted by the Church of England and Church of Wales – comes edged with hysteria. Only the paranoid, fearful and homophobic, surely, would seek more than, say, a standard basic lock. Yet two archbishops in the Church of England declared they still wanted to see the “shambolic” gay marriage bill stopped. For them, even the Westminster quadruple lock was not enough.
So, it was a relief when, on Wednesday, the Scottish Government published its draft legislation for our own bill, and there were no strange multi-layered locks and no ban for the Church of Scotland, only talk of allowing churches to opt in or opt out, and protecting both churches and individual celebrants through changes to the Equalities Act…
…The results of a Mail on Sunday poll, conducted by Survation, suggest strong support for gay rights across a wide range of issues among most voters, but with sharp differences between the young and old.
Overall, six out of ten support the gay marriage plan. Among the under-35s, it soars to 73 per cent; by contrast, 56 per cent of over-55s are against…
In this week of the second Sunday in Advent, readers are invited to read, mark, learn, and inwardly digest this very helpful article by Frank Cranmer at Law & Religion UK.
When matters touching on relations between religion and the state are discussed it not infrequently happens that the terminology becomes hopelessly confused and misused – sometimes by people who really should know better. So the following is a cut-out-and-keep guide to the absolute basics of Church and State.
First, there are four separate territories in the United Kingdom…
Updated yet again 23.00 with statement from DCMS
There are multiple reports in the media this morning.
Church Times see preceding article.
Sam Jones Guardian Church of England and Church in Wales protest at gay marriage ban
The Church of England and the Church in Wales have expressed their “complete shock” at the government’s plan to ban them from offering same-sex marriages, claiming they were not consulted over the proposed legislation, which would make them the only religious organisations to be legally barred from conducting the ceremonies…
…The Right Rev Tim Stevens, bishop of Leicester and the Church of England’s lead spokesman in the Lords, told a closed meeting of bishops, Lords and MPs that the government had not consulted the church on the proposal, adding that the church had never sought the government’s so-called “quadruple lock” on gay marriage. He also expressed his regret at the government’s lack of consultation.
A Church of England spokesman confirmed that the church had not been consulted over the government’s plans, saying: “Bishop Tim is correct that the first mention of a ‘quadruple lock’ came when the secretary of state announced it in the Commons. We had not been privately informed of this prior to the announcement.”
Miller had been due to meet the Church of England representatives last Thursday but she cancelled the meeting at the last moment…
John Bingham Telegraph Church accuses Maria Miller of ‘omnishambles’ over gay marriage announcement
…Although the meeting went ahead in Mrs Miller’s absence, the bishop was given a general briefing about legal provisions to enable gay couples to marry without churches which chose not to carry out the ceremonies facing challenges under human rights laws.
The first that officials at Church House in Westminster knew of a special legal bar, specifically aimed at the Church of England, was when Mrs Miller made her statement.
MPs expressed amazement when Bishop Stevens set out the sequence of events during a meeting yesterday with the incoming Archbishop of Canterbury, Justin Welby, to discuss the separate crisis over women bishops.
Barry Gardiner, the Labour MP, who was present, said: “He said that ‘the Government did not consult us on this and we wish they had sought our advice’ – it was pretty strong.”
He went on: “At the end Bishop Justin simply said I really have nothing to add to what Tim has said, I agree with every word that he has said.”
Mr Gardiner added: “I think that there was shock on the part of the Church leaders that the Government had not even thought to consult with the bishops on this.
“The Government has behaved in an extraordinarily high-handed and cack-handed way.”
The Department for Culture, Media and Sport insisted it would have been “inappropriate” to tell the Church of England about the provision before it had been announced to Parliament.
But senior Church of England officials likened the cancellation of the meeting and failure to brief the Church to an episode of the satirical programme The Thick of It.
“It is an ominshambles,” said one. “This is legislation on the hoof, it has been a botched job.”
A spokeswoman for the department said: “Clearly, it would have been inappropriate to discuss the fine detail of our proposals prior to them being announced in Parliament.
“But the Church made clear to us its wish to see legal provisions which would ensure that their position on not conducting same-sex marriages would continue.”
Questions are now being asked about why the Church of England did not express this surprise about the fourth lock earlier in the week. See this blog post: The Church of England, #equalmarriage And The Truth
The Church of England was quick to explain that the Government was not giving them any extra protections but respecting their right to opt-in constitutionally if they so wished. Their press release is here (it is their second version. The first was entitled “Equal Marriage and the Church of England”. Obviously that couldn’t stand, so it has been changed to “Same-sex Marriage and the Church of England. Note the “Same Same Marriage” reference in the left hand sidebar which I like to think suggests someone at the press office wasn’t happy with the need to change the title!). An excellent explanation of the Quadruple Lock and the Church of England’s position can be found here. But let us quote from the press release.
For Parliament to give the Church of England an opt-in to conduct same sex marriages that it hasn’t sought would be unnecessary, of doubtful constitutional propriety and introduce wholly avoidable confusion.
The Church of England, on the 11th, was extremely clear they didn’t want an opt-in as they already had one…
…Now the main issue the Church of England representatives have is that they were not consulted on the details of the proposals. Given their initial press release afterwards (where they expressed satisfaction with what the Government was proposing in terms of legal protections) I find this very disingenuous. Do these representatives want marriage equality in the church? The Bishop of Leicester, quoted in the story, certainly doesn’t…
And now the BBC has this report Gay marriage: Church says government move ‘absurd’
The day before the PM’s remarks, CofE officials had met for talks on the issue with officials from the Department for Culture, Media and Sport (DCMS).
“What is clear is that the amount of detail given by officials from the department certainly wasn’t the level of detail revealed on the floor of the House” five days later, said a CofE spokesman. “It think that’s surprising, at the very least.
“There is this sense of the government slightly making it up on the hoof. This is an important and serious issue and a complex area of law. Doing all this on the hoof is absurd.”
But a DCMS statement said: “It is just not true to say that we have not properly discussed our proposals with the Church of England.
“As part of our consultation process, and before we finalised our proposals, Government officials met the Church of England at a very senior level.
“The Church made clear to us its wish to see legal provisions which would ensure that their position on not conducting same-sex marriages could continue. While it is inappropriate to share the exact nature of legislative proposals before announcing them to Parliament, discussions with the Church were quite specific about the quad lock.”
The CofE spokesman said there was no wish for “protection or exemption for ourselves in ways that are any different from any other Church”, though it was accepted that its unique position as the established Church would require particular legislation.
“If, despite our opposition, the legislation goes through, we support the government intention of leaving the choice of conducting same-sex weddings with all Churches and faiths.”
He added: “The Church’s position is about the meaning of marriage; the Church’s position is not about being anti-LGBT (lesbian, gay, bisexual, and transgender) - we fully support civil partnership.”
The DCMS itself has published this on behalf of Maria Miller: Equal marriage and the Church of England.
…We discussed our plans with the Church of England
Some have suggested that the Church of England didn’t know in advance about the legal protections we were proposing. This is simply not correct. We sat down and had detailed, private discussions with them prior to my statement in Parliament. But of course, the rules of the House of Commons mean that the detail of legislative proposals is presented to Parliament before anyone else. We will continue to discuss our plans with them going forward, and those meetings have already started…
The Church Times reports this morning: Same-sex-marriage Bill will lock C of E’s right to abstain by Ed Thornton
THE protection for the Church of England to be contained within the Government’s same-sex-marriage legislation was a surprise to church representatives, it emerged this week.
On Tuesday, the Minister for Women and Equalities, Maria Miller, announced that the Bill would include a “quadruple lock” of measures that would “protect religious freedom”. These would specify that it would be illegal for any Church of England minister to conduct a same-sex marriage.
But at a meeting with Parliamentarians on Thursday, the Bishop of Leicester, the Rt Revd Tim Stevens, said that this level of protection had not been mentioned in meetings with the Government. He regretted that no prior consul[t]ation had been sought…
And there is this sidebar
The legal position
IF, once the same-sex marriage legislation is passed, a parish priest decides to break the law and marry a same-sex couple, it will be to no avail: the marriage will not be valid.
This is because the legislation will not alter the Church of England’s canons, one of which - Canon B30, paragraph 1 - states that marriage is “of one man with one woman”.
The Government’s legislation does not, therefore, make it illegal for C of E ministers to marry same-sex couples, as some reports have suggested: it merely reinforces what is already the case in canon law.
Since canon law is also part of public law, the Government has had to make it specific that same-sex marriage legislation does not apply to Church of England marriage rites.
The Government is not attempting to alter canon law for two reasons: first, it is responding to requests from Church House officials that it permit the Church to maintain its existing position on marriage; second, it is preserving a long-standing tradition that Parliament does not legislate for the Church of England in matters of doctrine and practice.
It would be up to the General Synod, therefore, to pass legislation changing the C of E’s doctrine and practice of marriage. A legislative package would have to include an Amending Canon redefining the nature of marriage, and the passing of a Measure (the General Synod’s equivalent of an Act of Parliament) which altered both statute law concerning C of E marriage rites, and the marriage service in the Book of Common Prayer.
If passed by the Synod, the Measure would require parliamentary and, ultimately, royal assent.
This post from Ministry of Truth Making sense of Cameron’s ‘Quadruple Lock’ on Equal Marriage gives a great deal of detail.
…Okay, so why has the government now put religious marriage on the table when, previously, it was only offering to support same-sex civil marriages?
The answer to this lies in the legal advice that the government will have received prior to the publication of its response to the consultation on equal marriage in which they will have been told that by affording legal recognition to civil same sex marriages they would be paving the way for a legal challenge under article 9 of European Convention on Human Rights, which provides for freedom of thought conscience and religion.
To be absolutely clear on this, as this is an issue that has been widely misrepresented by opponents of equal marriage, the issue here is not that affording legal recognition to civil same-sex marriage would allow gay couples to use current equality legislation or the European Court of Human Rights to compel the Church of England, Roman Catholic Church, or any other religious group or denomination to set aside their theological/doctrinal objections to same-sex marriage. Even without the proposed ‘quadruple lock’ the likelihood of either the High Court of England and Wales or the European Court of Human Rights forcing any religious organisation to carry out same-sex marriages against its wishes is somewhere on a par with the chance of my being elected the next Pope. The High Court does not, as a matter of principle and long-standing convention, issue rulings on matter of theology while the European Court’s preferred approach to religious cases is perhaps best characterised as ducking the issue by batting the matter back to national governments/courts under their margin of appreciation.
What was highly likely, had the government not made some provision for religious same-sex marriages, was a legal challenge to the government, and not to any individual church, under article 9 of ECHR from one or more of those denominations that has already indicated that it does wish to be able to conduct religious marriage ceremonies for same-sex couples, a list which currently includes the Unitarians, Quakers and Liberal Jews. From the point at which secular law recognises same-sex civil marriages their ceases to be any viable legal argument for restricting the ability of religious denominations to recognise and conduct same sex marriages, if that is consistent with their theological position, solely on the basis that other religious groups are, themselves, opposed to that same practice….
And, regarding the fourth lock in particular:
…Unlike other churches and religious organisations, the Church of England, as the established church, is legally obliged to conduct marriage ceremonies for anyone who asks subject only to the rules of canon law and secular provision of the Marriage Act 1949 (and subsequent amendments) irrespective of the actual religious beliefs of the parties who wish to marry. As long as both parties are content to be married under the rites of the Church of England, legally able to marry and are willing to comply with the Churches administrative requirements, e.g. the posting of banns, etc. then, save for an explicit legal exemption relating to divorcees whose former spouse in still alive, the Church has a legal duty to perform the ceremony.
This being the case, the government cannot merely leave the option open without creating a constitutional problem by giving rise to a potential conflict between statute and canon law, one that can only be resolved in one of two ways given that the Church remains, at least for the time being, opposed to carrying out same-sex marriages; the government must either legislate for the Church of England in line with current canon law, in which case statute law must specify that it remains unlawful for ministers of the Church of England to marry same-sex couples, or it must remove from law the Church’s legal duty to perform marriages for any heterosexual couple who asks to be married under the rites of the Church.
As this second option would entail the Church taking a very clear step on the road to disestablishment, the government have chosen to take the first option and maintain a consistent position between statute and canon law by retaining a ban of same-sex marriages within the Church of England in statute law…
John Bingham at the Telegraph wrote: Gay marriage: Church of England signals it could ‘live with’ Government plans
…Church officials have acknowledged that they could potentially “live with” the proposals drawn up by Government lawyers to prevent churches facing human rights challenges to force them to conduct weddings for homosexual couples.
It comes in marked contrast to claims earlier this year that same-sex marriage could pose the biggest threat to its position as the established church since the reformation.
The incoming Archbishop of Canterbury, Justin Welby, has made clear that he is opposed to same-sex marriage.
Meanwhile the House of Lords heard on[e] claim that several bishops secretly support the principle of gay marriage but are afraid to speak out because it would contradict the official policy of the Church…
Yesterday the Archbishop of Wales expressed surprise about the government’s action with respect to the Church in Wales.
See BBC report: Gay marriage ban ‘step too far’ says Archbishop of Wales.
But if you read the official submission from the Church in Wales to the consultation, you can easily see why the government took them at their word.
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.
Sir Tony Baldry (Banbury) (Con):
On the principle of this matter, I sometimes think that we are talking at cross purposes. For me, there is absolutely no dispute that the hon. Member for Rhondda (Chris Bryant), my right hon. Friend the Member for Arundel and South Downs (Nick Herbert), my hon. Friend the Member for Reigate (Mr Blunt) and I were all created equal in the image of God. That is not the issue. For the Church of England, the uniqueness of marriage is that it embodies the distinctiveness of men and women, so removing that complementarity from the definition of marriage is to lose any social institution where sexual difference is explicitly acknowledged.
Chris Bryant (Rhondda) (Lab):
Marriage has changed over the centuries, has it not? For centuries, the Church of England’s doctrine was that the primary purpose of marriage was the procreation of children, but many heterosexual couples either are unable to have children or choose not to have them. Marriage today is, for very many people, about many other things—companionship, sharing one’s life, mutual support and so on. As I said to the Minister yesterday, I find it difficult to believe that any Christian, including many Anglican bishops and clergy, would not want that for every member of their parish. Will she therefore consider not putting such an ultimate lock on the Church of England, so that there is freedom for the Church of England? Those in the Church of England all voted to keep slavery for 30 years, but eventually they changed their minds.
Diana Johnson (Kingston upon Hull North) (Lab):
The Minister just spoke about the special protection for the Church of England. The Church of England plays a special role in this country as our established Church, so is she satisfied that it is once again opting out of equalities legislation?
The remarks of the Bishop of Leicester have been published previously.
Lord Harries of Pentregarth:
Is the Minister aware that, notwithstanding the official position of the Church of England on this, a good number of its members warmly welcome the Government’s position on this? Is she aware that privately, a fair number of individual bishops in the Church of England also support it, but are not able to say so publicly at the moment because of the political situation in which the Church of England now finds itself?
The government has announced its plans for same-sex marriage.
The press release is here.
The consultation response is here.
And here is the official fact sheet.
Here is the key section of the press release:
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);
- the Equality Act 2010 would be amended to ensure that no discrimination claim could be brought against religious organisations or individual minister for refusing to marry a same-sex couple (or allowing their premises to be used for this purpose); and
- the bill will explicitly state that it would be illegal for the Church of England and the Church in Wales to marry same-sex couples, or to opt-in to do so. Canon law – which bans the marriage of same-sex couples – will continue to apply. That means that it would require a change in both primary and Canon law before Church of England and Church in Wales would be able to opt in to conduct same - sex marriages.
The Church in Wales has issued this press release: Review team offers radical vision for Church
A radical new vision for the future of the Church in Wales is set out in a report launched today.
Supersize parishes run by teams of vicars and lay people, creative ideas for ensuring churches stay at the heart of their communities and investing further in ministry to young people are among the report’s recommendations following an independent root and branch review.
The Church in Wales commissioned the review a year ago to address some of its challenges and to ensure it was fit for purpose as it faced its centenary in 2020. Three experienced people in ministry and church management examined its structures and ministry and heard evidence from public meetings across Wales attended by more than 1,000 people.
On the Review Group were: Lord (Richard) Harries of Pentregarth, former Bishop of Oxford, who chaired it; Professor Charles Handy, former professor of the London Business School; and Professor Patricia Peattie, first chairwoman of the Lothian University Hospitals NHS Trust and former Chair of the Episcopal Church in Scotland’s Standing Committee.
Their report will now be presented to the Church’s Governing Body for consideration.
It makes 50 recommendations which include:
- Parishes replaced by much larger ‘ministry areas’ which would mirror the catchment areas of secondary schools, where possible, and be served by a team of clergy and lay people;
- Creative use of church buildings to enable them to be used by the whole community;
- Training lay people to play a greater part in church leadership;
- Investing more in ministry for young people;
- Developing new forms of worship to reach out to those unfamiliar with church services;
- Encouraging financial giving to the church through tithing
The full report is available as a PDF file here.
The bishops of the Church in Wales have responded to the Equal Civil Marriage Consultation. The full statement is available here and is copied below.
The Church in Wales
EQUAL CIVIL MARRIAGE: A CONSULTATION
(Government Equalities Office, March 2012)
This is a response from the Bishops of the Church in Wales.
We note that at no point in the consultation document is the Church in Wales mentioned: paragraph 2.10, for example, refers exclusively to the Church of England. 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.
Purpose of this Response
The purpose of this response is not to engage in the debate about the nature of marriage, or the recognition of same-sex relationships, from a theological perspective. Christian churches, groups and organisations represent a wide variety of opinion on same-sex relationships. This debate will continue within the Christian community whatever changes are made to the legislation of England and Wales.
The Church is concerned with all members of society and with how society operates. The Church in Wales is present through the parish system in every community in Wales. It relates to people at all stages of life, and is practically involved with births, marriages and deaths through baptisms, weddings and funerals, as well as being an organisation to which many people turn in times of personal stress or practical difficulty, including around marriage and sexuality. In addition to the well-known work of parish churches themselves, the Church in Wales runs many programmes and initiatives which engage with the wider community, operating with specialised professionals as well as local volunteers. These including parenting education, children’s work, and relationship counselling; and the Church has links with other organisations providing services in the community, either through the involvement of churches or church members as hosts, volunteers or trustees, or through policy fora.
The purpose of this short response is to participate in the consultation as one of the institutions and groups of people in a democratic society who will be affected by the proposed change in the law.
Scope of the Consultation
We regret that the consultation focuses only on the practice of registering and recognising same-sex marriage, and does not invite comment on the principle. The question of why, and whether or not it is desirable to introduce the concept of marriage for same-sex couples should also be open to public consultation and debate.
In a consultation on legislation which potentially affects everyone, it is anomalous that the questions set in the consultation document are very restrictive. Eleven of the 16 questions are presented with a multiple-choice answer consisting of ‘Yes’, ‘No,’ or ‘Don’t know’/‘Doesn’t apply to me’. Only one of them allows a more detailed explanation (number 1), and where questions invite free comment (in only 4 of the 16) this is restricted to around 200 words. Six questions are exclusively aimed at people who either are or could be in a same-sex relationship (including transsexuals and their spouses). This suggests a strangely isolated approach to the institution of marriage, which is above all an institution in society, rather than a private arrangement between individuals.
The consultation document refers throughout to an alleged ‘ban’ on same-sex couples contracting marriages. In normal parlance, for something to be banned, it must be possible but disallowed –such as the ban on smoking in public buildings, or the ban on carrying liquids on to an aeroplane, or the ban on alcohol or gambling on many religious premises. (It could be argued that there is a ‘ban’ on the inclusion of religious content in civil marriage or partnership ceremonies.) This legislation does not lift a ban; it proposes the creation of a new state, ie marriage between persons of the same sex. A more accurate description would be, as in para 1.9(iii), that a same-sex relationship constitutes a ‘bar’ to marriage: it is a situation in which marriage cannot at present take place. It would be correct to acknowledge that the proposed legislation aims to bring into being a state which did not exist before.
Similarly, despite the number of jurisdictions which have already introduced same-sex marriage, it is disingenuous to say that ‘marriage for same-sex couples is not a new idea’ (para 1.8. p4). In the history of formally recognised social relationships it is very new indeed.
It is appreciated that the Government is attempting to allow churches and other faith groups to adhere to their traditional teaching on marriage, and to continue to promote marriage as they understand it. However, the consultation document on ‘equal marriage’ refers throughout to a new (and false) distinction between civil and religious ‘marriage’. There is no such distinction in law. There are no rights and responsibilities which apply to marriages contracted in civil ceremonies which do not apply to marriages in religious ceremonies, and vice-versa. The present law recognises civil and religious marriage ceremonies, but the marriages themselves are treated as identical, provided that they accord with the law.
It is not at all clear in what ways same-sex marriage will be different in substance from existing arrangements for civil partnerships. They already appear to be in all respects the same, in the rights and responsibilities conferred on the parties; and with only very minor distinctions in the methods of registration, or the reasons for dissolving the relationship. Nor is it clear what will be the purpose of retaining the category of civil partnership alongside same-sex marriage, especially since it is not proposed that heterosexual couples be allowed to enter into a civil partnership. In the context of equality of access to registered relationships, this appears to create a new inequality.
The Church in Wales is committed to providing pastoral care and support to all who commit themselves to the important task of maintaining exemplary and faithful relationships, and nurturing family life. Arrangements for recognising and supporting these relationships are to be welcomed, but such provision already exists, and beyond raising the dangers of significant confusion and debate, the current proposals do not add to these provisions.
The Governing Body of the Church in Wales debated the Anglican Communion Covenant this morning and has now issued this Press Release.
Church gives “amber light” to Anglican Covenant
April 18 2012
A plan to protect the unity of the worldwide Anglican Communion was given an amber light, rather than a green light, by the Church in Wales today (April 18).
Members of its Governing Body voted to affirm their commitment to the Communion and the Covenant process, but asked questions of the Anglican Consultative Council which meets in October. They feared the recent rejection of the Covenant by the Church of England jeopardised its future and clarifications about that were now needed before a decision could be made.
The Bishop of St Asaph, Dr Gregory Cameron, who proposed a motion which was amended in the light of the Church of England decision, said, “We have given the Covenant an amber light rather than a green light but in doing so we are being honest about where the Church is today. However, I think we need to reaffirm our strong commitment to each other through the saving power of Christ revealed in the Gospels. That is what I believe the Covenant ultimately calls us to do and I hope one day the Church in Wales will be able to vote for it.”
The amended motion, which was carried overwhelmingly, was that the GB:
i) affirm the commitment of the Church in Wales to the life of the Anglican Communion;
ii) Affirm its readiness to engage with any ongoing process of consideration of the Anglican Communion Covenant;
iii) Request clarification from the 15th meeting of the Anglican Consultative Council as to the status and direction of the Covenant process in the light of the position of the Church of England;
iv) Urge upon the Instruments of Communion a course of action which continues to see reconciliation and the preservation of the Communion as a family of interdependent but autonomous Churches.
The published agenda gave this text for the original unamended motion:
That the Governing Body:
i) affirm the commitment of the Church in Wales to the life of the Anglican Communion, and subscribe to the Anglican Communion Covenant;
ii) invite the Standing Committee to monitor the Church in Wales’s participation in the Covenant on an annual basis.
From a Church in Wales press release:
Christians need to show how the Gospel of Jesus is good news for gay people, the Archbishop of Wales said today (WEDNESDAY APRIL 18).
Dr Barry Morgan said he was concerned about the welfare of gay people whom he feared could feel uncomfortable and unwelcome in churches over the coming months as Government proposals for same-sex marriage are debated nationally.
In his presidential address to members of the Church in Wales’ Governing Body in Llandudno, the Archbishop said same-sex relationships was a moral issue facing the Church and the world, on which there was no single Christian opinion. His concern, however, was that the Church should offer gay people pastoral care and support…
The full text of the address by Archbishop Barry Morgan is available here.
Also from the press release:
Dr Barry Morgan said the Church would not be able to ignore the new legislation on civil marriage proposed by the Government, despite the fact that the legislation would not allow gay couples to marry in church. He called on the Church to discuss how it would respond.
He said, “If the legislation to allow civil marriage is passed, I cannot see how we as a church, will be able to ignore the legality of the status of such partnerships and we ought not to want to do so.
“The question then as now is, will the church protect and support pastorally, faithful, stable, lifelong relationships of whatever kind in order to encourage human values such as love and fidelity and recognise the need in Christian people for some public religious support for these. As Helen says in the novel “Nightwatch” by Sarah Walters – a novel written in 1947, ‘what could she do to say to the world that Julia was hers?’ She could have gone on to ask ‘what can the church do to show that this relationship is not simply something between my partner and I but that somehow God is in our midst as well and longs for our wellbeing?’ It is a discussion we need to have.”
Updated Tuesday evening
This report and related documents can be found at the Evangelical Alliance website, here.
Writing in advance of the report’s publication, Jim Dobbin MP and Gary Streeter MP said in the Telegraph on Sunday that: We need reforms to protect the rights of Christians. There is an accompanying news story Britain failing to stand up for Christians, say MPs.
In the Mail on Sunday Jonathan Petre reported this story as Harriet Harman’s law on equality ‘is anti-Christian’ and unacceptable.
Today’s Independent has Committee claims rights laws leave out Christians by Nina Lakhani.
The BBC had Equality law ‘should be extended to cover faith’.
Today’s responses to the report so far include:
British Humanist Association British Humanist Association refutes findings of ‘Clearing the Ground’ report
Andrew Brown Cif belief Are Christians being marginalised?
Are Christians their own worst enemies in Britain today? This question is raised with unusual frankness in a couple of paragraphs of an all-party parliamentary group’s report into Christians and discrimination, which was launched yesterday.
It contains a really quite startling attack on Christian campaign groups:
“The actions of some campaign groups can discredit the Church in the UK and result in perceptions that Christians are seeking unfair exemptions. By bringing highly emotive cases to the fore, they also can add to the feeling among Christians that they are more marginalised than they actually are.
“On some occasions we perceive that campaigning becomes inflammatory or even counterproductive to Christian freedoms. This is due to factors such as: the strategically unwise selection of cases; a distorted presentation of facts for manipulation of the media; and most alarmingly, the deliberate misinforming of the church constituency in order to motivate support.”
But the report also maintains that there have been cases in which Christians have been unfairly treated, usually as a result of ignorance in the wider culture, rather than malevolence; and it demands a reshaping of the Equality and Human Rights Commission, which evangelical Christians loathe…
National Secular Society Christian discrimination report is just another call for special privileges
The Church in Wales is inviting the public to comment on the Anglican Covenant, see this page.
To help in this matter, a commentary provided by the Church in Wales Doctrinal Commission has also been published, as a PDF file, here (link now corrected)
The Revd Dr Tudor F L Griffiths, outgoing Chancellor of the Diocese of St Asaph, preached a sermon last Sunday in St Asaph Cathedral, which is reproduced in full here. Dr Griffiths is also Rector of Hawarden Parish Church. (h/t Ruth Gledhill, for finding this.)
He discusses the Anglican Communion at considerable length, and concludes with this:
So does this mean the end of the road for the Anglican Communion? I hope not but fear so. I think Archbishop Rowan Williams a wonderful grace-filled man with an impossible job. You may have heard of the Anglican Covenant, a kind of agreement between the different Anglican Provinces. Our own Bishop Gregory has been very much involved with the Covenant; it has been a long drawn-out process of drafting and re-drafting and debates. But my own assessment is that it will go down in history as a valiant failure. The shape of Anglicanism is changing; but my prayer and hope in all this is that I hope we can remember what is really important and that is not the growth or even survival of the Anglican Church. At best we are no more than unworthy servants, a signpost to the Kingdom of God and we look forward to the great day when labels and denominations will fall away in one chorus of praise to our Lord and Saviour Jesus Christ.
The Bishop of St Asaph, Gregory Cameron, and Dr Lesley Fellows discussed the Covenant on the BBC radio programme Sunday this morning.
The programme is available on iPlayer for those who can receive it, or as a podcast, over here.
The BBC’s description of the item from this page:
The Church of England Synod will meet this month to discuss the proposed Anglican Covenant. But the covenant itself is now under attack from both Liberals and Conservatives. Ed speaks to Rev Dr Lesley Fellows who heads the newly formed No Anglican Covenant Coalition, and the Bishop of Asaph Dr Gregory Cameron.
The item starts about 24 minutes in.
The Bishop of St Asaph, Gregory Cameron, has written a long letter to the Church Times about the recent advertisement opposing the Anglican Covenant.
His letter is available to read in full here.
Sir, — There was a very curious document in last week’s Church Times (full-page advertisement, page 7). In it, two organisations, Inclusive Church and Modern Church, for which I have formerly had the highest regard, turned themselves into the nearest to an ecclesiastical BNP that I have encountered.
They resort to the old tactics of misinformation and scaremongering about foreigners and outside influences to whip up a campaign against the Anglican Covenant, and replace reasoned argument with a “Man the barricades!” mentality that is little short of breathtaking…
There is also a news article about this, see Ed Beavan ‘Little Englander’ jibe at Covenant advert.
A BISHOP has compared two groups opposing the Anglican Covenant to “an ecclesiastical BNP”. They are “latter-day Little Englanders”, he says…
…The Revd Jonathan Clatworthy, general secretary of Modern Church, said this week that the Covenant had come out of the debate in the Communion over gay bishops and the blessing of same-sex unions, but this had been “played down by the Covenant’s proponents”.
He denied the charge of scaremongering. Conservative bishops “have made it quite clear the whole point of the Covenant is to exclude the United States”, he said.
“It’s really a case of allowing differences of opinions to be heard and explored, and that would be prevented by the Covenant as the text says when there is a big controversy you can appeal to the Standing Committee of the Anglican Communion, and they will lay down a decision that will be binding for all Anglicans.”
He said that it would lead to a “centralisation of power” and make the Church of England a “more confessional Church”, making “Anglicanism more like Roman Catholicism with a mighty Magisterium”…
And the Question of the Week in the Church Times is Should the Church of England reject the Anglican Covenant?
The Mission and Public Affairs Division of the Church of England has updated its guidance note on “Countering far right political parties, extremist groups and racist politics”. You can read the January 2010 version here: Countering Racist Politics. (PDF also available)
Churches Together in Britain and Ireland has very comprehensive information at general election churches getting ready including two resource documents:
These can both be downloaded from here.
And there is a Find a Hustings page.
CCFON has announced that the former Bishop of Rochester, Bishop Michael Nazir-Ali is to host a series of General Election Hustings across England in order to help local Christians question candidates for Westminster seats.
The Church in Wales had a press release.
Dave Walker has published a comprehensive report on Saturday’s events, at the Church Times blog. He concludes his report with this:
…Overall, a worthwhile event. I personally was disappointed by the turnout at the service, but it didn’t really surprise me given the lack of interest there seemed to be from Christians on blogs and social networking sites in the week leading up to it (feel free to disagree or twll me why that is in the comments below). However, the ‘Put People First’ event as a whole seemed to be well reported in the Sunday papers and appears to have done well in terms of getting its message out. Let’s hope that the G20 leaders, meeting this week, heed that message. I will be blogging from the G20 meeting - more about that in another post.
Lambeth Palace has published a communiqué from a wide range of religious leaders in Britain. See G20 leaders must not forget promises to the poor - Religious Leaders Communiqué:
We write as religious leaders who share a belief in God and the dignity of human life. We wish to acknowledge with realism and humility the severity of the current economic crisis and the sheer complexity of the global and local challenge faced by political leaders. We pray for the leaders of the G20 as they prepare to meet in London this week. They, and we, have a crucial role to play in recovering that lost sense of balance between the requirements of market mechanisms that help deliver increased prosperity, and the moral requirement to safeguard human dignity, regardless of economic or social category…
The Diocese of St Asaph has elected a new bishop.
See the official Church in Wales press release.
A senior adviser to the Archbishop of Canterbury was today elected as the next Bishop of St Asaph.
The Rev Canon Gregory Cameron, 49, who is Deputy Secretary General of the Anglican Communion Office in London, was chosen by members of the Electoral College of the Church in Wales meeting at St Asaph Cathedral.
The announcement was made by the Archbishop of Wales, Dr Barry Morgan, at the west door of the cathedral on the first day of the meeting.
Canon Gregory Cameron will be the 76th Bishop of St Asaph, an area covering the north-east corner of Wales – the counties of Conwy and Flintshire, Wrexham county borough, the eastern part of Merioneth in Gwynedd and part of northern Powys. His election follows the retirement in December of the Rt Rev John Davies who served as Bishop of the diocese from 1999.
A Welshman who was ordained in the Diocese of Monmouth, Mr Cameron has been involved in the ecumenical relations of the Anglican Communion at global level for the past five years. Previously, he served as Chaplain to the Archbishop of Wales, then Dr Rowan Williams.
Married to Clare, the couple have three sons, aged 11, nine and six…
The first press report is here.
BBC One (Wales only) has a documentary scheduled for Wednesday 3 December at 10.45 pm.
A personal profile of The Archbishop of Wales, Dr Barry Morgan, filmed at a time of great division in the Anglican Church. The programme examines the arguments surrounding the consecration of gay bishops and the ordination of women bishops.
Read the press release at the Church in Wales website: The Archbishop - BBC One Wales documentary.
Two newspaper reports: