What is in Kelvin's Head?

Civil Partnerships – What now for the churches?

27/06/2018
It has just been announced that a man and a woman have won their fight to enable them to register a Civil Partnership.

At first sight, it will seem only just and right to most people. If same-sex couples can enter either a marriage or a civil partnership then why shouldn’t an opposite-sex couple?

Put like that, it is a matter of simple justice and it is unsurprising that the Supreme Court has found as it has done.

However, if I’m honest, though I believe that same-sex couples and opposite-sex couples should be treated in the same way, I don’t think that this was the best solution.

It seems to me now to be inevitable that we will have two statuses of partnership open to all couples – marriage and civil partnership. One gives fewer benefits than the other. Get married and you are far more likely to be treated as married when you travel than if you enter into a civil partnership. The benefits here in the UK are almost exactly the same. (I use the word almost even though I can’t now think of any differences at all apart from the name and the manner in which one can enter a civil partnership). The benefits when travelling the world will differ significantly. We fought for same-sex couples to be able to access marriage which conveys more benefits whilst now an opposite sex couple has fought for the right to be treated less well than married people.

Why people would want to fight to be legally partnered in a system which was once discriminatory to gay couples is complex but it usually is justified by the phrase “Well, Civil Partnership doesn’t carry the patriarchal baggage of marriage”.

Those who make this claim are denying all the work done over the last century to remove the patriarchal baggage around marriage. They are claiming that marriage hasn’t changed and are denying reality.

Personally, I would have preferred the Civil Partnership system to have come to an end once same-sex couples were allowed to get married. I’d have allowed those in Civil Partnerships to remain in them but not allowed any new ones to be registered.

This opinion sometimes leads to loud howls of protest from people who think (entirely wrongly) that marriage is inherently a religious institution. Anyone thinking it to be so simply doesn’t comprehend either the law of the land nor the history of marriage. (Marriage was around before the church – no, really it was). This confusion is even promoted by the likes of the BBC which claimed today that “Civil Partnership is free of the religious connotations of marriage” as though entering marriage though a civil ceremony is a fraud.

The odd thing is that those who howl most loudly about this are people that I know to have rejoiced most loudly at the Irish marriage referendum which resulted in the Irish state doing exactly what I’d have wished for here – closing the Civil Partnership system and allowing all couples access to marriage.

I suspect that “the patriarchal baggage of marriage” is in fact a euphemism for stigma about divorce, which a good many righteous people have made worse over the years. (Yes, you know exactly to whom I am referring). And anyway, whilst we can argue about whether marriage carries patriarchal baggage there’s no argument about civil partnerships – they very certainly carry the baggage of inequality and oppression.

I think it may still be legally possible for the governments within the UK to resolve this as I’d have hoped it to be resolved though I suspect that the momentum is with so-called “straight civil partnerships” now and politically their creation is inevitable.

But never mind what I think, what about the churches?

Interestingly, there was a proposal put forward to the Scottish Episcopal Church to allow Civil Partnerships (between same-sex couples) to be registered in churches. A number of us argued successfully against this in the General Synod three years ago, to the considerable surprise of some liberal friends who just presumed that the gays wanted everything offered to them. Th gays, so to speak, could see this coming over the horizon and had a fair idea that the church would end up in a terrible mess if we proceeded in that way. Firstly it would have lessened the case for allowing the marriage of same-sex couples in the Scottish Episcopal Church and secondly it would have led sooner or later to decisions about whether or not to allow opposite sex couples to do something in church that looked like marriage but which wasn’t marriage. And so, I joined others in arguing against it and that vote was comprehensively lost.

(As a side note, it is worth remembering that if those who might be characterised as being opponents of same-sex marriage had come forward with support for civil partnerships in church 10 years ago then I’d probably have bitten their hands off and I don’t think we would be anywhere near marrying same-sex couples now).

But back to the churches.

Where now for those who thought that Civil Partnership was a tidy hiding hole for the unfortunate people who feel the need to enter into gay coupledom who are not really fully human but can’t really help themselves? (The Church of England, I’m talking about you, though not you alone). Seems to me that this judgement puts you even deeper into the mire.

Here are the obvious questions:
- Will a man and a woman remain in good standing with a church if they enter a Civil Partnership?
- In the Church of England will they remain in good standing only if they enter into a Civil Partnership but promise their bishop they won’t have sex?
- Will anyone in a Civil Partnership be able to become ordained without the need of getting married?
- Can a bishop (or archbishop) be in a Civil Partnership only if he or she is part of a same-sex couple?
- How long will it be before there are liturgical resources for recognising Civil Partnerships in churches?
- Will pro-gay campaigners, particularly in the Church of England now realise the absurdity of campaigning for anything that falls short of marriage?
- Will those advocating the church recognise Civil Partnership continue to do so now if it is open to opposite sex couples?
- What is the difference between a Civil Partnership and a Marriage?
- Do the churches care about the fact that the number of marriages will now inevitably decline?
- Will the churches see marriage as a better institution for opposite-sex couples than Civil Partnership and what will this say about their current and previous policy towards God’s beloved gay children?
- Which churches will regard children born in a civil partnership differently from children born in a marriage?
- Will this lead to greater equality in churches or less equality in churches?
- Is the Church of England going to find itself in the absurd position of supporting Civil Partnerships for opposite sex couples in order to retain them for same-sex couples so as to deny marriage to same-sex couples? And what will the Global South make of that?
Church of England, churches, civil partnership, General Synod Scottish Episcopal Church, marriage, Scottish Episcopal Church

7 responses to “Whither the Kirk?”

Pausing Place

25/08/2010

I missed last night’s programme, but I thought your comments were interesting.

In a sense, perhaps it’s unsurprising if the SEC is inwardly more positive about itself than the CofS. My take is that in the recent past, at least, the SEC started from a lower common denominator, not being the “local” church in the same way as the Kirk, and so it doesn’t have to contend with others saying of it “look how the mighty have fallen” in quite the same way.

As to the health of the Kirk (and the SEC for that matter), I think we need to reflect on our self-perception and to consider carefully the points and places in which a dying church (congregation or denomination) should be allowed to die gracefully, and the ways in which we might see new life emerge from the rubble.

As a young(ish!), relatively new Christian I have seen examples of (both urban and rural) SEC and Kirk congregations where there are few signs of new growth, little to draw in younger (under 50 year olds, to pick a random-ish number) new folk, and much to sustain negative preconceptions of church as boring, irrelevant and so forth.

We as a faith community need to get much better at stepping up to the mark in our creativity and engagement with our society. The sad truth is that most young adults do not know and have not heard about Jesus Christ, and unless we engage with them in ways culturally relevant to them, and which do not presuppose previous knowledge (too often taken for granted) they never will.

It troubles me, but I do think it’s true to say that in the SEC and in the Kirk we have a church sustained by the traditions and cultural reference points taught to a previous generation. Culture has shifted radically, with the result that the same will not be able to be said in 20 years time.

Our challenge is clear. Whether the Kirk and the SEC can step up to the mark to address what it means to live out the Great Commission in the 21st century is less so.

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Cal

25/08/2010

I didn’t really understand who this programme was aimed at, or even what its aim was.

Yes, numbers have fallen, but perhaps the small number of people who remain are there because they actually want to be, not because it’s the done thing on a Sunday morning.

And personally, I rather like the idea of a church “sustained by traditions”. Clearly the church has to be relevant to modern society, but in abandoning the traditions of worship then you lose the centre of why the church exists in the first place.

There was something very Presbyterian about the programme with its “we’re doomed” mentality. I find the SEC generally more positive in outlook.

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John

25/08/2010

The only book the presenter seemed to have used in his research was ‘The Death of Christian Britain: Understanding Secularisation 1800-2000’ By Callum G Brown – indeed Callum Brown was one of the speakers. The thesis of this well argued sociological study is that “quite suddenly in 1963 something very profound ruptured the character of the nation and its people sending organised Christianity on a downward spiral to the margins of social significanceâ€. That something he identifies as new media, new gender roles and a moral revolution which has dramatically ended peopleâ€™s conception that they lived Christian lives.â€ It could be said to have happened as â€œsex beganâ€ between the end of the Chatterly ban and the Beatles first LP as the poet Philip Larkin so famously put it.”
To balance this statistical decline the programme flagged up some of the “church without walls ” iniatives in a lame sort of way. All in all a most unsatisfactory programme that only told half the story.

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Kenny

25/08/2010

Good crit Kelvin. My reflection at the end of the programme was, “Lord, we visited this stuff over 30 years ago, and have come out of it stronger and better Church in the SEC.” Hopefully, we stopped longing for ‘the good old days’ a long time ago!

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MartinRitchie

26/08/2010

I thinking “Pausing Place” makes a good point about needing to creatively engage with society. From my own experience of working with a CofS congregation, this creative engagement is a weak spot for many.

As a counterpoint to the programme, interesting to note in the latest “Life and Work” a very positive article about a growing CofS congregation in Stornoway – and I mean really growing! So not all doom and gloom, and I’m sure there are many more examples of bright spots, just as there are in the SEC!

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Graham Vahey

28/08/2010

If the C of S disappeared completely we would be at a loss. During the dark and bleak years of Thatcher’s reign she refused to visit Scotland for 5 years. When she did she expressed shock that we had Royal Regalia and ordered it to be removed immediately for safe-keeping to England. Her ‘Sermon on the Mound’ is now historical for its condescension to the Scots. She was none too pleased to be handed two reports on poverty in Scotland by the powerful Church and Nation Committee. Indeed, it was to this Committee that the population turned to for a moral lead during Thatcherism. When James VI (‘Jamie the Saxt’) became James I in England, the population turned to senior Scottish earls for a moral lead. Unfortunately, the Piskie Church does not give a moral lead in Scotland, apart from the work of the Scottish Constitutional Convention in the recent past. The RC Church does pronounce on moral issues. Could it not be conceivable that all the major Churches could unite in a Committee to pronounce for Scotland on moral issues as the Church & Nation Committee once did?

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Aldous N. Gaiters

01/09/2010

Speaking as a Nonjuror myself I am sure the SEC has a right to a moral voice in Scotland. Taking the US daughter church of the SEC as a model you could see where the fissures would appear. There is room for a modern liberal Christian voice, but even I an old Liberal myself, would have to fear that such a voice might appeal to only a select few.

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