What is in Kelvin's Head?

It’s Time to End Tax Breaks for Anti-Gay Charities – including churches

10/04/2015

There is no underestimating the difference that a change in the law can make to people who happen to be gay or lesbian. Civil Partnerships gave a level of legal protection that changed people’s lives forever. Equal marriage extended that protection by giving people the chance of being able to be regarded as equally fit to enter the institution of marriage. It was about more than rights – it was about dignity too.

However, notwithstanding the great gains that have been made in recent years, the journey is not over. We have established that people of goodwill are prepared to champion gay rights whether or not they happen to be gay themselves. The time has come to begin working on the next step on the journey.

We must be eager to ensure that children receive age appropriate sex education that is inclusive of LGBT identities. We must be sure that governments pursue foreign policy that is works towards extending the rights that LGBT people in the UK possess to those in other countries. But we must not rest there. There are still real things that need to be done in the UK where a change in the law can make a material difference to gay lives.

Today I propose a new change that is worth campaigning for – it’s time to campaign for the government to remove the charitable status of any organisation that campaigns against gay people. It is a simple change to the law but an important one.

There are still many organisations that take an anti-gay position in public. Very many of them get tax-breaks through the Gift Aid system by becoming charities. It’s time to end tax-breaks for those who work to limit gay rights.

Will this ever come about?

When I first started campaigning on reforming marriage law to include lesbian and gay people, most of the people I spoke to, including many who ultimately became core activists simply didn’t believe that it was worth the time of day as it would never happen. The change I’m proposing today is much easier to enact.

Why should there be effective government sponsorship of homophobic organisations?

Why should any UK tax-payers have to live with so-called charitable organisations campaigning against them?

Charities which tried to campaign against people because of their race would soon have their charitable status removed. Why not those who campaign against gay people?

The time has come. Time for change. It’s time to remove the charitable status if any organisation campaigning against LGBT people.

Q and A
Would this mean curtailing freedom of speech?
No – organisations and individuals would be free to say whatever they liked within the law. A charity simply could not receive Gift Aid support in any given year if it were to campaign against LGBT people during that year.

Isn’t this persecution of Christians?
No – this change is proposed by a Christian priest and would apply to all charities.

Would church congregations lose their charitable status?
There’s no reason for church congregations to lose their charitable status so long as they don’t campaign against the rights of LGBT people. As there is strong and increasing support for LGBT people in the pews (if not amongst Christian leaders) this is something that many Christians will campaign for. Some denominations might prefer to be free to forego their charitable status in order to continue anti-gay campaigns. Others will not.

What about the Muslims/Catholics/Evangelicals?
This policy would apply across the board to all charities.

How can this be brought about?
Engagement with activist organisations, within charities and with those seeking election.

Isn’t charity law devolved – why would it be appropriate for people in Scotland to bring this up during a Westminster election?
Some charities registered in England campaign against gay rights in Scotland (eg the Mothers’ Union). This is an issue facing both the UK as a whole as well as Scotland.

Would this cost tax-payers money?
No – just the opposite. Money that formerly had been given to anti-gay organisations would hitherto be available to the government to spend on the common good.

Further questions and comments welcome.

All Souls Altar, End tax breaks for anti-gay charities, Gift Aid, LGBT, tax

10 responses to “Response from the College of Bishops”

Father Ron Smith

12/01/2015

Thank you, Fr, Kelvin, for making the contents of the SEC Bishops’ Response to the Letter from 50 people concerned about their attitude towards the openness of the Church to the prospect of its eirenic treatment of clergy and Church members – desirous of solemnising Same-Sex monogamous relationships in the context of Marriage.

It seems to me – an outsider, but a member of the New Zealand Anglican Church – that the Letter has challenged your Bishops to positive action on behalf of Christians – and others – who consider faithful Gay relationships to be equally acceptable to God as those of heterosexuals. The Church, surely, must act to affirm faithful monogamous relationships on both sides of the spectrum.

Let’s hope your General Synod will move ahead to affirm such relationships, so that the Church may get on with other aspects of its mission; knowing that human justice for ALL people is paramount in the propagation of the Gospel. If SEC is pro-active in this important matter, it can only encourage churches like my own – in ACANZP – to follow suit.

Reply
1. Kelvin
  
  12/01/2015
  
  The General Synod is, to some degree, inhibited from sorting this out until the bishops themselves decide to back a proposal which would allow all to flourish in the church.
  
  The synod contains the bishops and they have an effective veto on canonical legislation.
  
  I’m baffled at the moment as to why they have not rallied around a position which allows all of us, both those in favour and those against, to act according to our consciences in this area. I think that this is a position which would re-unite the church again. I know those who disagree with me on the substantive question about lesbian and gay relationships who are as mystified and as frustrated as I am that we are taking so long to deal with this and who, like me, want to get on with the business of letting Scotland’s people know that God loves them.
  
  Everyone I know says they want to come to a resolution which does not de-church other Episcopalians. The position that the bishops have taken comes very close to de-churching some of us and I remain greatly concerned for the Province as a whole.
  
  Reply
2. Christine McIntosh
  
  13/01/2015
  
  Amen.
  
  Reply
Pam

12/01/2015

From my reading, it’s a carefully worded document that attempts not to pre-empt what may happen at Synod. Talking to each other face-to-face is always better than written communication, in my opinion. This issue does need a resolution and I’m sure that people on both sides of the debate, in good faith, would want to honour each other. Bishops have a tough job but so do the people who don’t get the opportunity to attend Synod, for whatever reason.

Reply
Chris Hansen

12/01/2015

I don’t know about you, but I’m tired of being talked about by people who would rather not talk to me. This “listening process” that the C of E is going through is bull. They’ve been doing variations on that for years. Nothing comes out of it except more conversations. No progress is made thereby.

The trick is to push the bishops to take a stand and do some prophetic leading.

Reply
1. Kelvin
  
  12/01/2015
  
  The current process in the Church of England is related to the Cascade Process that we’ve had in Scotland.
  
  Some people have benefitted from the process here. There’s no getting away from that. It has been a good thing for some but by no means all.
  
  Some have felt very disappointed and upset that the bishops themselves now appear not to have been working in accord with the principles of the process itself.
  
  And some, like me who have been working for change in this area for years, were excluded from the design of the process and from its major set piece provincial event.
  
  Reply
FakePete

13/01/2015

I feel very angry reading that.

Reply
Steven

13/01/2015

Dear Kelvin

Interesting developments. Not much in that letter really.

What would you do if you were Primus?

The reality is the SEC has always (at least in my mind) been open to a more progressive stance on this kind of issue and yet does contain those for whom this would be (very?) difficult.

Would you seek to maintain unity by some kind of compromise (CoE and women Bishops) or would you forge on ahead with prophetic change leaving those who didn’t like it to make their own choices (like the Episcopal Church)…?

The New Testament Christians didn’t seem to care much for unity at the expense of integrity and justice.

For my own part I think it is better for churches not to try and fudge this issue (look at the terrible mess in the Church of Scotland) but to agree a position and then firmly pursue same, come what may. People would not tolerate an institution that allowed a minority of people to adopt racist positions and so it should not really be any different for those who want to maintain positions that discriminate against same-sex couples.

All this is – of course – easy for me to say.

Steven

Reply
1. Kelvin
  
  13/01/2015
  
  What would I do if I were the Primus? Well that’s a good question.
  
  The first thing I’d remember is that the Primus is simply the spokesperson for the College of Bishops and doesn’t have the authority that, for example, an archbishop might think he possesses.
  
  I would however as a bishop argue in a favour of a solution which allowed people to act according to their conscience in this area. I don’t agree that people should be forced to “firmly pursue” a particular stance over this issue. It isn’t who we are. In fact I think the problem at the moment is that people are being forced to pursue a position that they don’t agree with and that situation is unsustainable.
  
  The reasons for not forcing people to marry gay couples are these:
  
  1 – No gay couple wants to be married by someone who has been forced to do so but who would really prefer not to.
  
  2 – It would be illegal anyway and our canon law determines that we will abide by Scots Law.
  
  3 – We already have a precedent with divorce – no-one is forced to marry anyone who is divorced, they can chose whether or not to do so. I think that is a reasonable compromise and it has served the church well.
  
  4 – I don’t think anyone should be compelled to marry anyone and that is the situation that we currently have.
  
  However there are some positive things that a Scottish bishop could do at the moment. Although I agree that same-sex marriages cannot take place in churches or be done by SEC priests until there is a decision made by General Synod I don’t agree that it is the case that someone cannot affirm allegiance to the canons of the church because they happen to be in a same-sex marriage.
  
  I think de-coupling those two issues is urgent.
  
  I would argue in favour of an equal opportunities policy for the church.
  
  I would try to seek a way of bringing forward a synodical resolution which would allow same-sex marriage, allow those who don’t want to be party to it not to have to be and I’d argue in favour of that as a godly compromise that would allow us to get on with our gospel business of sharing the good news.
  
  If I were the Primus I would probably be encouraging the College of Bishops to allow me to say publicly that we regretted that some people had been excluded from the Cascade Process and I’d seek to commit the College to a more consultative leadership style. In particular I’d want to say that there should never be a process about people that did not include them in the design of the structures of the conversation. I’d want to say that we would never construct a conversation about the ministry of women without women being involved, we would never construct a conversation about ethnic minorities in the church without appropriate consultation with people who belong to ethnic minorities and I’d commit the church never to make the mistake that has been repeatedly made of constructing a conversation about LGBT people without their involvement.
  
  If I were wise, I’d be learning a lot more about the experience of trans people because I’d realise that trans issues are inevitably coming our way.
  
  Does that answer the question?
  
  Reply
  1. Steven
    
    13/01/2015
    
    Yes, it does rather. Thanks.
    
    For the avoidance of doubt I would not advocate forcing anyone to marry anyone. When I said it is better to adopt a position and then pursue that I meant in terms of whether or not to permit equal marriage in the SEC (which is not the same as saying that all priests would therefore be compelled to marry gay folk).
    
    We have just filed an equal marriage petition in Belfast, so thoughts and prayers all welcome!
    
    Steven
    
    Reply