• 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)

     

4 responses to “The SNP and Equal Marriage”

  1. Indy Avatar
    Indy

    I think the issue is that the SNP Government is going to authorise religious same sex marriages as well as civil ones.

    It would be an obvious compromise to allow civil weddings but not religious ones – that seems to be the route the UK Govt will go down.

    It would be tempting for the SG to do the same. It’s a neat solution – that way they could say there is no question of religious denominations being forced to perform same sex marriages. It will only be civil ceremonies.

    And, let’s face it, although there are some religious denominationa which support same sex marriage – Unitarians, Quakers, Liberal Jews, Pagan Federation etc – how many Unitarians, Quakers, Liberal Jews, Pagans etc are actually out there? They are very much outnumbered by the Catholics, Muslims and fundamentalist Protestants aren’t they?

    But for some reason the SG has decided to go for the option which allows religious as well as civil same sex marriages. We can only assume that, for them, that is actually an issue of principle, of support for religious freedom.

    But it makes it more complicated doesn’t it? Because they have to find a way to protect the rights of religious denominations which wish to conduct same sex marriages while also protecting the rights of religious denominations who do not want to conduct same sex marriages. And do that in the context of legislation which protects religious rights, freedom of speech and equality which is not within their control.

  2. Lazarus Avatar

    Putting aside any issues of substance here, I’m not sure you’re being quite accurate in your interpretation of John Haldane’s Newsnicht appearance. He was careful to distinguish between civil partnerships and same sex marriage, saying that the latter had to be discussed within an understanding of the ‘common good’ (a discussion which the programme didn’t have time to allow). I’d be amazed if he’s changed his opposition to same sex marriage (expressed quite regularly in the media eg in the Beyond Belief programme here http://www.bbc.co.uk/iplayer/episode/b019rlng/Beyond_Belief_Same_Sex_Marriage/).

    As to whether Haldane was criticizing the Cardinal -I suspect any interpretation along these lines would require quite a degree of cynicism (or wishful thinking!) given his previously highly supportive attitude (eg http://news.bbc.co.uk/1/hi/scotland/6707465.stm).

  3. Jaye Richards-Hill Avatar
    Jaye Richards-Hill

    I met him when Ruth and I did the Big Questions earlier this year. Apparently, Haldane is an advisor to Pope Benedict….

  4. Erp Avatar
    Erp

    There may not be many Unitarians, Quakers, Reform Jews in Scotland but there are a lot of Humanist weddings (I believe in Scotland in 2010 the number of weddings by Humanist celebrants exceeded the number of Catholic weddings) so they are the biggest group performing legally recognized opposite-sex marriages who would like to perform legally recognized same-sex marriages (as opposed to a ceremony after a same-sex marriage has been registered at the registry office).

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