Churches voice concern over Bill
CHURCHES continued to voice their opposition to same-sex marriage when the Government produced its Bill last week. The Bill is due to be debated in Parliament on 5 February.
A statement on behalf of the Church of England by the Rt Rev Tim Stevens said that the Church continued to uphold the view 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.”
Bishop Stevens acknowledged that the Government had sought to guarantee religious freedom but expressed concern about the impact of the change in the law on society’s understanding of the significance of procreation and children as part of the purpose of marriage, on teaching in schools, and on the position of chaplains in the public service.
In a statement on behalf of the Roman Catholic Bishops of England and Wales, Archbishop Peter Smith said the Bill will alter the meaning of marriage for everyone and therefore undermine the public good. Roman Catholics are being encouraged to send a postcard to their MP opposing the Bill.
In a move to deflect criticism, the Government has produced a paper refuting what it claims are myths about Equal Marriage. It denies that the European Court of Human Rights will force religious organisations to conduct same-sex ceremonies on the grounds that the Court has already said this is a matter for individual states to decide. It also claims that the Court would be obliged to give priority to protect freedom of religion.
The Government also denies that the Church of England and the Church in Wales are being banned from conducting same-sex marriage. The Bill is designed to make clear that the common law obligation of the clergy of those two churches to conduct marriages does not apply to same-sex marriages.
Interviewed on the Today programme, Maria Miller, the Equalities Minister, said that the Church of England might choose to opt in at some stage in the future. According to legal experts this could be done by legislation in General Synod and would not require a new Bill in Parliament but this process would not be open to the Church in Wales.
Government briefing papers also deny that teachers will have to promote same-sex marriage to pupils in relationships education. Although teachers will have to set out the factual position that samesex marriages can take place they will be able to state their own beliefs in a professional way.
Critics of the bill are unlikely to accept all the Government’s assurances. Aidan O’Neill QC, an expert in EU and human rights law at Matrix Chambers who has give a written opinion on the Bill, warned that the ban on same-sex marriages in the Church of England is ‘eminently challengeable from a human rights perspective and may not stand up to scrutiny’.
Lawyers are also raising questions about the way adultery is defined in the new Bill. Because Government lawyers were unable to agree on what constitutes ‘sex’ between same-sex couples, the Marriage Bill states that only infidelity between people of opposite genders can count as adultery.
A man or woman in a same-sex marriage will not be able to sue for divorce if their partner is unfaithful to them with someone of the same sex. For the same reason, there is no provision for annulment on the grounds of non-consummation.
Some MPs are warning that this distinction between heterosexual and homosexual couples and the grounds for divorce will not be sustainable and will lead eventually to the end of adultery as grounds for divorce.
About 60 per cent of Tor y MPs are expected to vote against the Bill. One MP told the New Statesman that letters against the Bill from constituents were outnumbering those against the EU by 80 to one. C4M is distributing 3 million leaflets in marginal constituencies or constituencies where the MP has not stated how he or she will vote.
The Government is expecting around 6,000 samesex couples a year to marr y. Those in civil partnerships will be able to convert their relationship to a marriage for the payment of a small fee. The new law will also make it possible for people to change their sex without having to divorce. About 3,000 are expected to take advantage of this provision to undergo an operation to change their sex.
Although civil partnerships will continue to be available to same-sex couples, some legal experts question how long this will last when such partnerships are not available for heterosexual couples.