• Can you backdate a marriage?

    Marriage Register

    How interesting to learn about the new rules that will govern couples in England and Wales who have been in a Civil Partnership who wish to change (upgrade?) their relationship status to a marriage.

    It seems that they are going to be able to do so easily and will receive a “backdated” marriage certificate which will state that their marriage began when they entered into their Civil Partnership.

    I’ve some reservations about this but I know it will be warmly welcomed by many and it would be churlish to oppose it.

    It is interesting though and there will be pressure now in Scotland for the Scottish Government to do the same.

    Here are some obvious issues.

    • It is quite odd to think that some might find themselves to have been married without their, at the time they entered into their marriage, believing that they wanted to be married.
    • People who have been blessing Civil Partnerships are going to find that they’ve been blessing marriages all along.
    • People will be able, I think, to find themselves married who never went through any ceremony at all – they may simply have signed the papers. (This is a new thing).
    • There’s no doubt going to be some grumpiness from those who trusted the politicians who said that Civil Partnerships were definately not marriages and that it had been invented in order to do something different to marriage.
    • In a sense, it is rewriting history. People are going to have marriage certificates that date from a time when they were not in fact married at all.
    • The Bishops of the Church of England in the House of Lords might feel that the Government has pulled the rug out from under them.
    • I think, that people can end up married whose proposal to marry has never been published either by banns on in a registrar’s office. I’ll be interested to see whether the registrars publish the names of those converting their status. My guess is that they won’t and thus people will end up married in law who have never had their intent to enter marriage advertised to anyone.
    • It is quite odd to think that a status like marriage can be backdated. Is there any comparable status that can be changed like that?

    Personally, I would have preferred the solution to be that people would get new full marriage certificates when they requested to change their relationship status into a marriage. I think this because I think that marriage ought to require a clear statement of consent at the time it is entered into. (Indeed, many of the rules surrounding marriage are about getting unambiguous consent from both parties, freely given).

    Interesting times. Uncomfortable times for the churches, particularly the Church of England.

    Photo Credit – Dale Gillard Copyright: Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)

     

4 responses to “Equal Marriage – Prop 8 Ruling in California”

  1. Cal Avatar
    Cal

    “Thy Lord hath not forsaken thee, neither hath he been displeased.
    And surely the Future shall be better for thee than the Past,
    And in the end shall thy Lord be bounteous to thee and thou be satisfied.”

    Little by little.

  2. Amelia Hagen Avatar

    Yes, little by little. Taking the long view is frustrating, but in the end that is the view that God must surely take.

  3. […] Holdsworth has a good response for an Anglican revisionist this side of the Pond which gets down to the core of the argument. […]

  4. David | Dah•veed Avatar
    David | Dah•veed

    May we join the celebration?

    Mexico court upholds gay marriage law
    Thu, Aug 5 2010
    MEXICO CITY (Reuters) – Mexico’s supreme court on Thursday upheld a landmark law that allows gay marriage in the capital city, bucking a challenge raised by the conservative government of President Felipe Calderon.
    This year, Mexico City became the first capital in mainly Catholic Latin America to pass a law allowing gay couples the same marriage and adoption rights as heterosexuals.
    But Calderon’s government and his right-wing National Action Party, or PAN, argued the law was unconstitutional on grounds it would be destructive to families. The powerful Catholic hierarchy in Mexico calls gay marriage immoral.
    While the supreme court decided gay marriage was constitutional, it will review the adoption clause on Monday.
    “Those of us who are in favor of this (law) are in favor of diversity and tolerance,” Supreme Court Justice Arturo Zaldivar said during the court’s deliberations.
    “Our constitution does not establish a concept of marriage,” he said.
    Since the law was passed, more than 300 same-sex couples have tied the knot, the majority of them men.
    Activists see the law as part of a sea change in attitudes on homosexuality in much of traditionally macho Latin America.
    With some 20 million residents, the Mexico City metropolitan area is one of the world’s largest cities.
    (Reporting by Miguel Angel Guitierrez; writing by Mica Rosenberg; editing by Missy Ryan and Jerry Norton)

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