• 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)

     

9 responses to “The Marriage Business”

  1. Rhea Avatar
    Rhea

    I thought that what the government actually said was more of a “obviously with the current canon laws in place, the C of E and the Church in Wales won’t be able to opt in to marriage equality because their canon laws clearly state that marriage is between one man and one woman.”

    To me the ultimate issue is with the churches and their canon laws that need to be changed, no?

    1. Rhea Avatar
      Rhea

      I just saw this: http://www.bbc.co.uk/news/uk-politics-20680924

      What in the world is the government thinking?!

      1. kelvin Avatar

        Here’s the original announcement – quite clear that it isn’t just about Canon Law. They really are trying to make it illegal for the C of E and Church in Wales to opt in.

        http://www.culture.gov.uk/news/media_releases/9585.aspx

      2. Beth Avatar

        The irony that that Department of Culture page is titled “Marriage For Everyone” absolutely knocks me down.

        I think that this more than anything else that has happened in equal marriage legislation this year has a real chance of being ruled illegal under Article 9 of the Human Rights Convention.

  2. Peter Higson Avatar
    Peter Higson

    Church of England clergy, and Church in Wales clergy, may take note of Giles Fraser’s suggestion: “So it will now be illegal for me to marry two people who live (with) each other. Now there is a cause worth going to prison for.” as report in the Independent.

    1. kelvin Avatar

      Yes – I saw that tweet from Giles. Whilst supporting the sentiment, I suspect that he is going to have to work quite hard to find a judge willing to send him to prison for it.

  3. Martin Reynolds Avatar
    Martin Reynolds

    Yes, bizarre is the right word!

    When the Church in Wales was disestablished back in 1920 it retained its priveledges and responsibilities with regard to marriage.

    So, parishioners’ absolute legal right to be married in the parish church remains, as does the automatic right of Church in Wales clergy to be able to conduct marriages by virtue of their ordination alone.

    We recently amended our requirements for residence to stay in line with the CofE, while they were able to do it through General Synod we had to resort to a Private Bill.

    It now seems there are to be no EXTRA hurdles required by these two Churches, other than the separate Acts of Parliament they would need to change their current practice following agreement of General Synod or Governing Body.

  4. Ali Avatar
    Ali

    “if your denomination cannot or will not opt in then the time has come for you to stand up for what’s right. If you support equality, do something about it and show us what you are made of.” you not doing any more weddings until the SEC opts in then. Kelvin?

    1. kelvin Avatar

      I think it quite likely that should the Scottish Episcopal Church chose not to opt into the coming legislation then I would come to be view that the time had come to stop signing marriage papers. That is not the same thing, of course, as stopping doing weddings.

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