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.
38 CommentsUpdated
The House of Commons held its first debate on this bill, known as Second Reading.
The debate in its entirety can be watched here [Debate commences at 12:47:47 on media player], or alternatively over here.
The Hansard record is now available here.
The vote on Second Reading was 400 in favour, 175 against.
According to the Press Association, as reported by the Guardian (and scroll for further details):
126 Conservatives voted for the bill, along with teller Desmond Swayne. 134 Tories voted against the Bill’s second reading, along with two tellers. That means 136 MPs opposed the bill. Another five Conservative MPs voted both for the bill and against it, the tradition way of registering an abstention. (Technically this means you could say 139 Tories voted against the bill, or 141 opposed it, but that would be misleading.) And another 35 Conservative MPs who did not vote.
217 Labour MPs voted in favour of the bill, 22 Labour MPs voted against and 16 did not vote.
44 Lib Dems voted in favour, four voted against and seven did not vote.
The BBC has voting lists here.
Subsequent votes were
Programme Motion 499 in favour, 55 against.
Money Resolution 481 in favour, 34 against.
Carry-over Motion 464 in favour, 38 against.
The House of Commons Library has produced a 63-page briefing for Members, in advance of the Second Reading next Tuesday.
The file is published via this web page, and can be downloaded here (PDF).
0 CommentsThe Marriage (Same Sex Couples) Bill proposes to make a number of changes to the Equality Act 2010. One of them is in paragraph 41 of Schedule 7 of the Bill (page 52 in the paper version). As the Explanatory Notes say:
Paragraph 41 amends Schedule 9 paragraph 2 (religious requirements relating to sex,
marriage etc, sexual orientation) so that, where employment is for the purposes of an
organised religion, an occupational requirement may allow a restriction that a person
should not be married to someone of the same sex. This means, for example, that a church may require that a priest not be married to a person of the same sex.
The change alters Schedule 9 paragraph 2 in the following manner (added words are in bold face):
20 CommentsThe Church of England has issued this press release: MPs briefed on Marriage (Same Sex Couples) Bill and the Church of England which links to this briefing document (PDF).
The Church of England’s Parliamentary Office has provided a briefing note to MPs on the Marriage (Same Sex Couples) Bill and the Church of England prior to the Second Reading debate in the House of Commons on February 5.
The briefing sets out why the Church of England cannot support the Bill and addresses some of the concerns that have been voiced by MPs about the Bill in relation to the Church of England. These include why specific wording is needed to give the Church of England the same protection as other faith groups and how the devolved legislative powers of the General Synod work.
We have made a webpage version of the briefing note available here.
The summary of the briefing note says:
22 CommentsThe Church of England cannot support the Bill, because of its concern for the uncertain and unforeseen consequences for wider society and the common good when marriage is redefined in gender-neutral terms.
This reshaping and unnecessary politicising of a fundamental social institution, which predates church and state, did not feature in party manifestos, was not included in the last Queen’s Speech and has no mandate from the Government’s own consultation exercise. The legislation has also been prepared at great haste and as a result relies on an unacceptably wide use of secondary legislation.
We do not doubt the Government’s good intentions in seeking to leave each church and faith to reach its own view on same sex marriage and including provisions in the Bill to protect them from discrimination challenges. If the Bill proceeds into law it is essential that the various ‘locks’ in the Bill are preserved as drafted. The Church of England, whose clergy solemnize around a quarter of all marriages in England, has sought no more safeguards in substance than those provided for other Churches and faiths.
The Church of England recognises the evident growth in openness to and understanding of same sex relations in wider society. Within the membership of the Church there are a variety of views about the ethics of such relations, with a new appreciation of the need for and value of faithful and committed lifelong relationships recognised by civil partnerships.
Civil partnerships have proved themselves as an important way to address past inequalities faced by LGBT people and already confer the same rights as marriage. To apply uniformity of treatment to objectively different sorts of relationship – as illustrated by the remaining unanswered questions about consummation and adultery- is an unwise way of promoting LGBT equality.
The continuing uncertainty about teachers, the position of others holding traditional views of marriage working in public service delivery, and the risk of challenges to churches in the European courts despite the protections provided, suggest that if the legislation becomes law it will be the focus for a series of continued legal disputes for years to come.
Updated again Friday
TEC Agrees to Injunction that Prohibits Them From Using Diocese of SC Identity
South Carolina lawsuit parties agree to temporary injunction
I last reported on South Carolina on 8 January. Since then there have been significant developments.
A South Carolina Circuit Court judge Jan. 23 issued a temporary restraining order preventing any “individual, organization, association or entity” from using registered names and marks that are claimed by Mark Lawrence and other leaders who led some Episcopalians in that state out of the Episcopal Church.
Judge Diane S. Goodstein’s order is in effect until Feb. 1 when a hearing is scheduled.
See ENS report South Carolina court temporarily restrains use of diocesan names, seal and also this diocesan press release
Circuit Court Blocks the Use of Diocese of South Carolina Identity By Anyone Outside of the Diocese.
And on 26 January a provisional bishop for those remaining in The Episcopal Church was elected, see this ENS report South Carolina continuing Episcopalians meet to plan their future.
See also:
Presiding bishop preaches to Episcopalians in South Carolin
House of Deputies president supports South Carolina Episcopalians
New bishop provisional addresses South Carolina Episcopalians
19 CommentsThe Roman Catholic Bishops Conference of England and Wales has issued, via this page, a Briefing to Members of Parliament on the Marriage (Same Sex Couples) Bill. (PDF)
Another copy is available from the Catholic Herald as a normal web page over here.
Catholic Voices has its own summary of their arguments at Bishops to MPs: this Bill will radically alter meaning of marriage.
34 CommentsThis press release: Free Church of England Orders recognised.
The Archbishops of Canterbury and York have recognised the Orders of the Free Church of England under the Overseas and Other Clergy (Ministry and Ordination) Measure 1967. The Measure gives the Archbishops authority to determine whether the Orders of any Church are ‘recognised and accepted’ by the Church of England.
The recognition of the Orders of the Free Church of England follows approximately three years of contact between the bishops of the Free Church of England, the Council for Christian Unity and the Faith and Order Commission, which recommended that the Orders of the Free Church of England be recognised. That recommendation was subsequently endorsed by the Standing Committee of the House of Bishops…
Much information about the Free Church of England can be found on its websites:
The following pages may be of particular interest:
One FAQ is this:
19 CommentsIs the Free Church of England an Anglican Church?
The Free Church of England is required by its Constitution to ‘conform to the ancient laws and customs of the Church of England’. Our doctrinal basis, structures, organisation, worship, ministry and ethos are therefore recognisably ‘Anglican’. Anyone coming from an Anglican background would find much that was familiar to him or her – including the layout of our Churches, robes, churchwardens, church councils and the like. Our worship is that of the Book of Common Prayer or conservative modern-language forms that belong to the Anglican tradition.
The Free Church of England is not a member of the Anglican Communion – though the Provinces that make up the Communion are currently re-defining their relationships with each other and with the See of Canterbury. Since the 1870s the Free Church of England has been in full communion with the Reformed Episcopal Church in the United States and Canada. The REC is a full member of the recently-formed Anglican Church in North America. The fact that the ACNA has been recognised by some Provinces of the Anglican Communion means that the Free Church of England now stands in some degree of relationship with them, though the precise details have not yet been worked out.
The Government Equalities Office has published a range of supplementary materials here: these include a FactSheet, a Mythbuster and a Short Guide.
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.
3 CommentsThe Church in Wales has issued this: Marriage (Same Sex Couples ) Bill – A statement:
PRESS RELEASE
Marriage (Same Sex Couples ) Bill – A statement
25 January 2013Since 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:
28 CommentsUpdated
Hansard reports:
Bill Presented
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:
BBC Gay marriage: MPs set to vote on proposals for the first time and Gay marriage support growing says Tory MP Nick Herbert
Changing Attitude Same-sex marriage bill introduced in House of Commons and earlier The legal status of marriage and equal marriage in the Church of England
Ekklesia Religious groups welcome draft Marriage (Same-Sex Couples) Bill
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:
14 CommentsThe following press release has been received:
22 January 2013
MEDIA RELEASE:
Lancashire clergy write to the Archbishop of YorkOver fifty clergy from the Diocese of Blackburn have written to the Archbishop of York, urging him to ensure that the next Bishop of Blackburn will be prepared to ordain women as priests, and fully affirm their ministry.
The letter was co-ordinated by the Vicar of Lancaster, the Revd Chris Newlands, and has been signed by fifty-five clergy from across the diocese who are keen to see a supporter of women’s ministry appointed as Diocesan Bishop.
Mr Newlands said, “Many churches across the diocese have been greatly enriched by the ministry of women, and we believe that to fulfil his calling as a focus of unity, the next Bishop of Blackburn should affirm the ministry of all the priests in the diocese who hold his licence.”
The Crown Nominations Commission will be meeting at the end of January to choose the name that will be submitted to the Queen who formally makes the appointment. An announcement is expected within the next weeks.
The last two diocesan bishops have not accepted the ordination of women as priests and the signatories to the letter have urged the Archbishop and members of the Crown Nominations Commission to ensure that the 9th Bishop of Blackburn is a supporter of the ministry of women priests in the church.
For further information please contact:
The Revd Chris Newlands, Lancaster Priory.
The first meeting of the Crown Nominations Commission for the See of Blackburn was held on 10 January. The second meeting is due to be held on 30/31 January.
49 CommentsIn a guest post at Law & Religion UK Christopher Luff has written Eweida et al v United Kingdom: some thoughts on the wider ramifications.
And in a guest post at the ECHR Blog Paul Johnson has written Eweida and Others Judgment Part I – The Sexual Orientation Cases.
Erica Howard has written at EJIL TALK! The European Court of Human Rights Gets It Right: A Comment on Eweida and Others v the United Kingdom.
As a follow-up to the radio discussion of the role of the Christian Legal Centre yesterday, readers may find its briefing paper of interest.
Other views have been expressed by Cranmer in Victory for religious symbols; defeat for the religious conscience, and by European Dignity Watch in ECHR: “Obsessive political correctness” trumps freedom of conscience.
2 CommentsThe BBC Radio 4 programme Sunday today has a major feature on this.
Starting at about 27 minutes in, there is a lengthy discussion, not only of the court’s rulings, but also of the role played in them by advocacy groups such as the Christian Legal Centre.
The BBC’s own description:
In light of the European rulings on 4 religious discrimination cases this week William asks if the courts are the right place to decide what expressions of faith and belief are acceptable in the workplace. Christian Legal Centre’s Andrew Marsh, gives his opinion.
Also in the programme:
8 CommentsA leading Evangelical, Steve Chalke, this week published an article arguing that the Church should bless committed homosexual partnerships without requiring that they should be celibate. He debates with Dr Stephen Holmes of the Evangelical Alliance who defends their current teaching that gay sex is sinful.
Law and Religion UK Frank Cranmer Chaplin, Eweida, Ladele and McFarlane: the judgment
Cif belief Mark Hill Lillian Ladele is the real loser in Christian discrimination rulings
Guardian Joshua Rozenberg Balancing Christian and gay rights isn’t easy – give Strasbourg some credit
Law and Lawyers Eweida and others v UK ~ a look at what is being said? which in turn has links to several further articles.
Also, from the Guardian Local Government Network, Phil Allen What a religious discrimination ruling means for local government.
And the International Business Times has this: Full Gay Rights Threaten Christians in Public Life, Says Anglican Mainstream.
13 CommentsThis morning there are many more articles commenting on the decisions announced yesterday in Strasbourg.
Guardian
Editorial Religious freedom: Strasbourg’s balancing act
Cif belief Andrew Brown The BA Christian case was judged rightly, and a true test of tolerance
Independent
Editorial: Strasbourg performs a double service for us
Jerome Taylor A loss for the Christian lobby: the ECHR ruling reinforces the crucial point that religious rights don’t automatically trump the rights of others
Telegraph
Editorial: A new intolerance is nudging faith aside
Graeme Archer Is the ECHR the enemy of Christians? Or their friend?
Liberty Court of Human Rights delivers common-sense judgment on religious freedom and equal treatment
Theos European Court judgements send wrong message about religious freedom, says Theos
Evangelical Alliance Religious beliefs need common sense protection – response to European Court judgement
Religion Law Blog has Eweida and Others – First Views
Head of Legal has Strasbourg judgment: Eweida and others v UK
The Telegraph has Eric Pickles: Christian cases ‘should not go to Strasbourg’
More links available via Ekklesia at Commentary on the Strasbourg judgement: Eweida & Others v. the UK
5 CommentsUpdated
The judgment of the European Court of Human Rights is now available in the cases of Ms Nadia Eweida, Ms Shirley Chaplin, Ms Lillian Ladele and Mr Gary McFarlane.
In brief, only Nadia Eweida won her case.
See the full text of the judgment at this page, or download a PDF file here.
The court’s own press release is over here (PDF).
Telegraph John Bingham Christian wins right to wear cross at work
BBC British Airways Christian employee Nadia Eweida wins case
Guardian Owen Bowcott BA worker’s rights were infringed by cross ban, European court rules and Ruling on Christian’s right to wear cross ‘does not trump other human rights’
The Archbishop of York has issued a statement: Wearing religious symbols at work.
The National Secular Society has issued a statement.
And the British Humanist Association has issued this statement.
Rosalind English has written at UK Human Rights Blog Strasbourg rules against BA on crucifix issue.
Church Times Gavin Drake British Airways wrong in cross case, says European Court in landmark judgment
15 CommentsThe Anglican Church in North America included this comment in its latest Communique:
26 CommentsWe noted the communication of the House of Bishops of the Church of Nigeria (Anglican Communion) concerning the recent decision of the House of Bishops in the Church of England to allow those in civil partnerships to be eligible to serve as bishops. This impacts both the doctrine of marriage and that of episcopacy. The Nigerian bishops wrote:
When the Church of England failed to exercise its legal and moral right to opt out of the civil partnerships legislation in 2005 warnings were given in England and around the Anglican Communion that this was a first step towards the recognition and institutionalization of behaviour contrary to the plain teaching of scripture and reaffirmed for all Anglicans by the 1998 Lambeth Conference in its Resolution 1.10. Sadly those warnings were ignored and we now face the next step in a process that could very well shatter whatever hopes we had for healing and reconciliation within our beloved Communion….
As a House of Bishops, while we acknowledge that we all fall short of God’s call to holiness, we dare not compromise the clear teaching of our Lord on faithfulness within Holy Matrimony and chastity outside of it. Sadly we must also declare that if the Church of England continues in this contrary direction we must further separate ourselves from it and we are prepared to take the same actions as those prompted by the decisions of The Episcopal Church (USA) and the Anglican Church of Canada ten years ago.
The College agreed with the principle articulated in the Windsor Report that “what affects the communion of all should be decided by all.” The experience in North America has been that that the theological departures from historic Anglican norms have brought devastating consequences. The admonishment from the Nigerian Bishops will, if heeded, avoid further anguish.
A statement has been issued from the Primates of the Global South of the Anglican Communion:
25 CommentsWe, Primates of the Global South of the Anglican Communion, are deeply concerned and worried by the recent decision of the Church of England’s House of Bishops which approves that clergy livingin civil partnerships can be candidates to the episcopate.There is already an ambiguity regarding civil partnerships per se. We learnt that most civil partnerships, according to the Office for National Statistics in the UK, take place among the most sexually active age group. In addition dissolutions of civil partnerships are now increasing especially in the last few years. This puts into question the motives behind this civil partnership and adds to our confusion in the Global South.
When the Church of England allowed civil partnerships in 2005, they said that “The House of Bishops does not regard entering into a civil partnership as intrinsically incompatible with holy orders, provided the person concerned is willing to give assurances to his or her bishop that therelationship is consistent with the standards for the clergy set out in Issues in Human Sexuality.” Now, with allowing candidates for episcopacy to do the same, to whom should they give assurances? Clarification on this point is needed.
Sadly, both the decision to permit clergy to enter civil partnerships and this latest decision which some call it a “local option,” are wrong and were taken without prior consultation or consensus with the rest of the Anglican Communion at a time when the Communion is still facing major challenges of disunity. It is contrary to “the inter-dependence” which we try to affirm betweenchurches within the Communion. Moreover, it does not only widen the gap between the Church of England and Anglicans in the Global South, it also widens the gap between the Anglican Communion and our ecumenical partners. Further, it jeopardizes the relationship between us Anglicans living in the Global South and followers of other faiths, and gives opportunities to exploit such departure of moral standards that this type of decision may provide.
The Church, more than any time before, needs to stand firm for the faith once received from Jesus Christ through the Apostles and not yield to the pressures of the society! In other words, the Church needs to be “salt” and “light” and to present a distinctive message from that of the secular world around us.
We strongly urge the Church of England to reconsider this divisive decision.
+ Mouneer Egypt
The Most Revd Dr. Mouneer Hanna Anis
Bishop of Egypt with North Africa and the Horn of Africa
Chairman, Global South Primates Steering Committee++Nicholas Abuja
The Most Revd Nicholas Okoh
Primate of All Nigeria Bishop of Abuja
Vice-Chairman, Global South Primates Steering Committee++ Ian Maritius
The Most Revd Ian Ernest
Primate of the Indian Ocean Bishop of Mauritius
Hon. General Secretary, Global South Primates Steering Committee++Bolly Kuching
The Most Revd Datuk Bolly Lapok
Primate of South East Asia Bishop of Kuching
Hon. General Treasurer, Global South Primates Steering Committee++ Stephen Yangon
The Most Revd Stephen Than Myint Oo
Primate of Myanmar Bishop of Yangon
Member, Global South Primates Steering Committee++Eluid Nairobi
The Most Revd Dr. Eluid Wabukala
Primate of Kenya Bishop of Nairobi
Member, Global South Primates Steering Committee++Bernard Matana
The Most Revd Bernard Nhatori
Primate of Burundi Bishop of Matana
Member, Global South Primates Steering Committee++Hector Chile
The Most Revd Hector “Tito” Zavala
Primate of the Southern Cone Bishop of Chile
Member, Global South Primates Steering Committee++Henri Kinshasa
The Most Revd Kahwa Henri Isingoma
Primate of Congo Bishop of Kinshasa
Member, Global South Primates Steering Committee
Ed Thornton in the Church Times has this report: Civil partnerships: ‘We should have shown workings’.
11 Comments…Speaking on Monday, Bishop Paterson said that the group – whose other members were the Bishop of Portsmouth, the Rt Revd Christopher Foster, and the Bishop of Dorchester, the Rt Revd Colin Fletcher – had produced a 20-page report for the House of Bishops in May last year.
The group’s report examined three questions: should the moratorium be maintained or not? If not, should there be any additional requirements made of candidates for the episcopate that would not be made of those seeking a parish appointment? If so, what should those additional requirements be?
Bishop Paterson said that although the group “did make a proposal”, he could not say what it was. In addition, it had assumed that it would be asked to produce a final report. In May, however, the House of Bishops standing committee took over responsibility for the review.
The standing committee produced a shorter document, which was discussed by the Bishops when they met in December at Lambeth Palace. The Bishops issued a paragraph, included in a summary of decisions, on 20 December, which “confirmed that the requirements in the 2005 statement concerning the eligibility for ordination of those in civil partnerships whose relationships are consistent with the teaching of the Church of England apply equally in relation to the episcopate”.
Bishop Paterson said: “It is fair to say that what came out at the end did not represent the fairly considerable amount of work by our group and the standing committee. But something had to be said by the end of the year, because it had been promised…”