• Can you backdate a marriage?

    Marriage Register

    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)

     

10 responses to “So, let me get this right…”

  1. Andrew Page Avatar

    I think you have understood if correctly (or at least as fully as it can be understood).

    This just shows how confused the church has become, or how keen it is to tie itself into the proverbial knots to appease both progressives and traditionalists.

    Either way, this position is both absurd and intellectually unsustainable.

  2. Kirstin Avatar

    Kelvin can I ask what submissions you are referring to, is there a new one?

  3. Joan H Craig Avatar
    Joan H Craig

    I think that, once marriage law is passed, current civil partnerships can convert to marriage by filling form, etc. Don’t think they said what happens if the couple want a religious marriage – or did I miss that?
    If our churches persist in saying no to marriage, wouldn’t it be better to do the blessing after they’ve converted their civil status – as in some countries where every marriage is a civil ceremony, and any religious service is done afterwards
    I hope everyone has completed the most recent consultation paper

  4. Rhea Avatar
    Rhea

    I think that the church wants to have its cake and eat it too. It wants everyone to be happy, and this is probably the best way that it knows to do this.

    Is it ridiculous? Of course.

  5. Kelvin Holdsworth Avatar

    There is to be a new one. I’ve not seen it. I understand that the position that the Faith and Order Board is holding to is that “church teaching” is what Canon 31 says – that and nothing else and therefore we are doctrinally against change.

    Is that not the case?

    1. kelvin Avatar

      So far as I understand it, the SEC has not moved in its position since the first response at all.

      The first response included this:
      Question 10: Do you agree that the law in Scotland should be changed to allow same sex marriage?
      The Canons of the Scottish Episcopal Church (Canon 31) state that the doctrine of the Church is that marriage is ‘a physical, spiritual and mystical union of one man and one woman created by their mutual consent of heart, mind and will thereto, and as a holy and lifelong estate instituted of God’. In the light of that Canon, there is no current basis for agreeing that the law should be changed to view marriage as possible between two people of the same sex.

    2. Kirstin Avatar

      The SEC’s last response was in line with what the current law was, indeed still is, this consultation asks a very different question. To which the answer ‘well it isn’t legal, so we can’t say’, (I paraphrase) can’t be the answer this time, can it?
      Of course Canon 31 also states it is a “lifelong estate” but had clause 4 added at a later date to allow for divorce and remarriage.

  6. Rev David Coleman Avatar
    Rev David Coleman

    I was watching the evidence to the Westminster parliamentary committees the other day. In all these things, even from churches which are prepared to be tentatively in favour, or declining to be opposed, what is missing from all the evidence is the human experience of joy and delight that actually characterises a true and good wedding, of any combination of partners. How can we get across the compelling and converting happiness when processes take the form they do?

  7. Rosemary Hannah Avatar
    Rosemary Hannah

    Is there any way of getting hold of the board – of ordinary church members getting hold of it and making it listen?? I mean I know my approach tends to lack in subtlety what it makes up for in directness, but then, well, it is very direct.

  8. Kimberly Avatar

    Rosemary, of all the many beautiful sentences you have written, that is the very very best.

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