What is in Kelvin's Head?

Can you backdate a marriage?

03/10/2014
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)
civil partners, convert to marriage, marriage

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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