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 “Where does the Church of Scotland stand?”

Robin

21/05/2013

I understand your sentiments, but both on this issue and on the ordination of women in the Church of England the weary words of Mrs Boyle in Sean O’Casey’s ‘Juno and the Paycock’ in reply to her son, who scorns the Irish Free State and wants an Irish Republic or nothing, are inclined to come to mind:

“To be sure, to be sure — no bread’s a lot better than half a loaf.”

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Nick Brindley

21/05/2013

I think you’re right to think this is a disastrously wrong-headed attempt to avoid having to think the issue through, although we may not agree on what would be involved in such thinking (almost nobody agrees with me!)

I think we need to revisit some pretty fundamental problems on the nature of the moral authority of the Bible, the meaning of “salvation” and what ministry is to make any real progress with this issue and there appears to be depressingly little appetite to do this in a spirit of mutual trust and of trust in the leading of the Spirit guiding our interpretation of scripture

http://loveswork.wordpress.com/2013/05/21/failing-to-be-biblical-reflections-on-church-of-scotland-sexuality-debates/

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Frank keefe

21/05/2013

This is what happens when you water down Gods truth so the secular world will think what a progressive church you are.When a small secular wedge is pushed under a church door you can bet a larger one will be pushed under it in the not to distant future.I believe a liberal minded church like the Church of Scotland is more dangerous to the Christian faith than atheists like Richard Dawkins and his followers. Jesus found it hard to convince the Pharisees of their misguided beliefs if He walked our earth today He would find those modern day Pharisees in the Church of Scotland even harder to convince.

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1. Rosemary Hannah
  
  21/05/2013
  
  Well, there you go – I think the exact opposite – that Jesus, who plucked corn, and healed, on the Sabbath, would be out partying tonight with all sorts of disreputable people. The Pharisees were the people who stuck rigidly to the law, breaking it even as they kept it. Jesus was the one who re-interpreted it.
  
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  1. Frank keefe
    
    21/05/2013
    
    I find it amazing how those who look for sin to be accepted would try and use Jesus to back them up.First Jesus said the Sabbath was made for man not man for the Sabbath.The Pharisees abused Gods law with their legalism.Its why He said about the rescue of a sheep on that day.He didnt re-interpret it He was showing them how it SHOULD BE KEPT as God ALWAYS intended it.Its the church who is doing the interpretation and Jesus certainly wouldnt be “out partying” such disrespect of our Lords holiness is often the way with liberal ” Christians” Instead of the church being a light to the world that worlds darkness is putting out that light.
    
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    1. kelvin
      
      21/05/2013
      
      Bless you for your faith, Frank. May it bring you happiness and joy.
      
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Graeme Cowie

21/05/2013

It’s a fudge, no doubt. And one which, far from preserving the “traditional” Kirk actually serves to undermine it in a number of ways, particularly concerning the status of “doctrine” and who gets to determine what it is, or at least what practical meaning it is for something to be “doctrine” rather than merely a personal religious sentiment. Explicitly to permit complete deviation from “doctrine” by congregations is not very Presbyterian, and the “traditionalists” either didn’t seem to realise that, or they care about preserving substantial doctrines at the expense of, well, what makes the Kirk the Kirk.

To an extent, though, you could see it coming. I think the traditionalist wing sensed they would lose if it was a straight choice (unfortunate phrase) between 2A and 2B, and so tried to push for something that retains a symbolic attachment to historical doctrine whilst letting liberals have the lion’s share of the cake they want, which is to be able to ordain those in committed same-sex relationships and to be done with it. I know for a fact that a fair whack of liberal commissioners were swayed by 2D (not including my parents, who are CofS ministers who voted with option 2A), many seeing it as a way of letting the traditionalists have some sort of phyric victory whilst in fact enabling ministers to be in civil partnerships without any lasting problems. It is much more likely that 2D will make it through Barrier Act procedure now that it’s got the traditionalists’ name on it, and notwithstanding the extra year it’s going to take to turn it into a proper overture, I think the consensus of the Kirk is that they really want to stop talking about this.

The new system ought to be fairly robust once the Legal Questions Committee have had their teeth dug into it. The clear intention was conceded by the movers that they did not intend for Presbyteries to be able to discipline or annul decisions made by Kirk Sessions seeking to be allowed to appoint ministers in civil partnerships, and for a lot of liberals (and actually, a lot of those on the conservative wing too) this will be seen as a critical part of the compromise if it is to be laid to rest. My only real concern is that if the traditionalists are for any reason unhappy with the implementation by LQC it could lead to the whole debate re-opening in GA 2014.

It’s clearly not enough for many liberal ministers, elders and members of the Church of Scotland, for whom this still presents a partial sense of “separate not equal” for congregation and minister alike, and it probably makes it more difficult for the theological position of the kirk formally to be moved away from same sex relationships being sinful, now that the “practical harms” are in a significant sense out of the way, but by Church of Scotland standards, it’s a major step forward for a very broad church, and one which has probably saved it from a major schism (though a handful of churches may still leave over and above The Tron and Gilc South). For those of us in the Kirk 5 years ago, this would have been virtually unthinkable, and momentum has picked up since the Rennie case 4 years ago. The good fight goes on, and hurdles remain, but if it gets through Barrier Act procedure I think the practical objectives, in a Kirk which already offers substantial liberty of personal opinion in matters of doctrine which do not enter into the substance of faith, have largely been met, albeit in a roundabout way.

For more of my thoughts on this matter, see:

http://www.predictableparadox.co.uk/2013/05/church-of-scotland-religious-progress.html

and

http://www.predictableparadox.co.uk/2013/05/presbyterianism-cracking-at-seems-cost.html

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Margaret of the Sea of Galilee

22/05/2013

And it still does not properly address how LGBTQ people (single or in civil partnerships) will be dealt with (dealt to?) when they offer themselves to Presbyteries as feeling called to the Ministry of Word and Sacrament. Will they be asked about their orientation? Questioned? Interrogated? What responses will allow them to or prevent them from pursuing that call?

Who is this Albert Bogle anyway – is he about to become the first to be beatified by the Kirk and for what exactly? By-passing (even disregarding) Kirk “Order”, convincing his important friends to let him bulldoze ahead and his less important friends to print off 700 and something copies of a Deliverance which is incoherent and unimplementable.
Off to read Revelation for other signs of The End Times…
.

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Peter W Nimmo

25/05/2013

Kelvin, you make lots of good points in your post. But just to clarify- what is the doctrine and practice of the Scottish Episcopal Church on this issue? Does your doctrine approve of persons in civil partnerships being clergy, and is that put into practice?

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1. kelvin
  
  25/05/2013
  
  Yes – there are quite a number of clergy in civil partnerships. In England, Anglican clergy in civil partnerships are supposed to declare that they are “celibate”. That isn’t the case in Scotland.
  
  The pension scheme in Scotland recognises Civil Partnerships by giving such partners the same benefits as wives or husbands in marriages. Civil Partners also are treated in the same way with regard to housing as a straight spouse if a relationship breaks down.
  
  Any candidate for ordination who is in a Civil Partnership is expected to be honest about that at selection.
  
  The bishops of the church announced a few years ago that they would not consecrate anyone as bishop who was in a Civil Partnership. They were clear at the time that this was a moratorium. However it is not clear to me whether that moratorium still stands. I do expect there to be questions about that at the coming Synod.
  
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