What is in Kelvin's Head?

My own response to the government

19/03/2013

Phew, just finished writing my own response to the current round of consultation on changes to marriage law in Scotland.

This one is not about the principle of introducing marriage for same-sex couples but about how such proposals will be implemented.

It is more complex than you think because marriage law is more complex than you think!

Anyway, here is my response, if anyone is interested:

Consultation response Kelvin Holdsworth – March 2013

To save you time wading through it, here’s the most interesting thing I’ve said:

I believe that if someone is authorised to conduct a straight coupleâ€™s marriage then they should automatically be authorised to conduct marriages of same-sex couples. The law should apply equally to people and what has been proposed is not equality. For these reasons, I do not support the current proposals for determining who can and who can not conduct the marriage of a same-sex couple.

If churches wish to limit the ability of a celebrant to conduct a marriage then they should continue to be able to do that through their own internal disciplinary procedure.

I look forward to being able to celebrate marriages for same-sex couples one day in my congregation (St Maryâ€™s Cathedral, Glasgow). I note with interest that once the state licenses marriages for same-sex couples, my own denomination (The Scottish Episcopal Church) will automatically have an authorised liturgy for blessing such couples â€“ the service of Benediction, which is explicitly authorised in Canon Law for use with couples whose marriage is legal but which has not been performed according to the rites of the church.

The consultation closes on Wednesday. More details here:
https://consult.scotland.gov.uk/family-law/marriagebill

LGBT, marriage, same-sex couples

9 responses to “The Marriage Business”

Rhea

11/12/2012

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?

Reply
1. Rhea
  
  11/12/2012
  
  I just saw this: http://www.bbc.co.uk/news/uk-politics-20680924
  
  What in the world is the government thinking?!
  
  Reply
  1. kelvin
    
    11/12/2012
    
    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
    
    Reply
  2. Beth
    
    11/12/2012
    
    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.
    
    Reply
Peter Higson

12/12/2012

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.

Reply
1. kelvin
  
  12/12/2012
  
  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.
  
  Reply
Martin Reynolds

12/12/2012

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.

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Ali

13/12/2012

“if your denomination cannot or will not opt in then the time has come for you to stand up for whatâ€™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?

Reply
1. kelvin
  
  13/12/2012
  
  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.
  
  Reply