What is in Kelvin's Head?

The Straight Civil Partnerships Question

03/01/2015

The question is this. If civil partnership is opened to straight couples then would someone in such a partnership be eligible to be considered for ordination?

It is a simple question but carries enormous complexity with it and can help to illuminate where we are in the changing world of legal relationship states.

I first raised this question in June 2013 in a series of 10 unanswered questions about marriage, most of which remain unanswered even now.

The thing is, it is entirely possible that some straight couples within the different jurisdictions of the UK may soon achieve their hope to be in civil partnerships. I’m aware of both a legal challenge to the current law that is proceeding and also government consultations coming from both Holyrood and Westminster.

Now, first of all I need to declare that I’ve always been against extending Civil Partnerships to straight people and thought that the best way forward was to turn all gay couples’ civil partnerships into civil marriages. However that has not happened and so we have a situation where there is a basic inequality – gay couples have the option of either marriage or civil partnerships. And lo, inequality is something that we can’t really tolerate in modern society and so something will need to be done. I can’t really see any alternative to opening civil partnership to straight couples. It seems to me to be only a matter of time and whether I like it or not, that is what will happen.

So, will someone in a straight relationship who is in a civil partnership be eligible for ordination. In Scotland is it well established that someone in a same-sex relationship in a civil partnership is eligible for ordination.

This is not merely a rhetorical question. All these kinds of questions affect real people. As individuals and couples try to work out the best thing for their own relationships they are currently left second-guessing how they are going to be perceived by the churches that they may belong to.

I am aware of straight couples in the church who would be interested in entering a civil partnership rather than a marriage.

But what’s that about.

I’ve been opposed to civil partnerships continuing because I saw them as intrinsically products of discrimination. They were a legal confection devised to look like marriage and to onto which gay couples projected familiar signs and symbols to get as near as they could to the gold standard of marriage. However, things have now changed.

It seems to me that straight couples looking for civil partnerships are clearly saying that they want something that is different to marriage and people like me probably need to get used to the idea that it is just different and not less than marriage now even though it once was.

The church has not really caught up with modern sexual relations in so many areas. As I listen to people twenty years younger than me their presumption is that serial monogamy is a good thing. They believe in faithfulness. They don’t think cheating is acceptable. However, they also are entering into relationships which they themselves would acknowledge might not last forever. The permanence of marriage is not where they are at and I suspect that the civil partnership option might well appeal to such couples.

The thing is, marriage carries with it a whole load of presumptions, not least that the end of a marriage is a Very Bad Thing. Divorce still carries stigma with it.

I suspect that at least some of those seeking civil partnership rather than marriage are choosing to reject the possibility of divorce as they feel that the dissolution of a civil partnership carries fewer negative connotations than being divorced.

But back to the straight civil partnerships question. Would someone in a same-sex relationship in a civil partnership (presuming that such things will soon become a reality) be able to be ordained in the Scottish Episcopal Church – or the other mainstream churches for that matter?

If not, why not?

So far as I can tell, Canon Law is silent on any relationships other than straight married ones.

Ordination, straight civil partnerships

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.

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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