01 February 2013
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.
The briefing can be read at
http://www.churchofengland.org/media/1657614/ssmarriagebillbriefing.pdf
Notes
The Bishop of Leicester gave an initial response to the
publication of the Marriage (Same Sex Couples) Bill on
January 25. It can be read at
http://www.churchofengland.org/media-centre/news/2013/01/bishop-of-leicester-responds-to-marriage-(same-sex-couples)-bill.aspx
The summary of the briefing note states:
- The 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.