• The Scottish Episcopal Church and the upcoming Primates’ Meeting

    There’s been a little flurry of articles in the press this week about the Scottish Episcopal Church.

    “SANCTIONS LOOM FOR SCOTTISH EPISCOPAL CHURCH’S PRO-GAY MARRIAGE VOTE”

    “SCOTS ‘TO FACE CONSEQUENCES’ OVER GAY MARRIAGE”

    “GLOBAL ANGLICAN CHURCH LEADERS CONDEMN SCOTLAND FOR ALLOWING SAME-SEX WEDDINGS”

    And so on.

    The only awkward thing about all these articles is that the Primates’ Meeting hasn’t happened yet. No-one has condemned anything and no-one really knows what is going to happen.

    This press interest seems to have started in London in the middle of the week when someone gave a briefing to the likes of the BBC, the Telegraph and the Guardian. All three had identical stories which didn’t reference anyone in Scotland at all. It isn’t rocket science to come to the conclusion that someone in either Lambeth Palace or the Anglican Communion Office was briefing journalists against the Scottish Episcopal Church.

    Now, the thing about this is, as our American Episcopalian friends would no-doubt testify strongly, that there are some things which put the Anglican Communion at serious risk. Off the record media briefings against churches in the Communion put the Communion at far, far more risk than any number of weddings of same-sex couples.

    After all, Justin Welby’s own authority is undermined – seriously undermined, if people coming together can’t have any sense of confidence in those who work in Lambeth Palace and the Anglican Communion Office. Trust has been undermined this week and the Archbishop has the capacity either to regain it or undermine it further.

    Once that is done, the serious business of listening to one another should begin.

    For that is the point of the Primates’ Meeting – listening, not disciplining. When people talk about the Primates issuing sanctions, they have forgotten that the meeting is not a disciplinary body but is there to allow the Primates to listen to one another. The Primates have scarcely any power to discipline in any case. What can they do? There is no Canon Law that holds the communion together. Nor is there any legal mechanism that the Primates could take to chuck any of the churches out of the Communion. The Anglican Consultative Council is the only one of the fragile so-called Instruments of Communion which has a constitution and the constitution is there to hold people together not to break them apart. (And it is also regulated by English charity law and no-one wants the ACC to lose its charitable status because the Primates make an unlawful bid for power over an English charity that they are not the trustees of).

    The truth is, no-one knows at this stage what the Primates will say or do. At least 16 of them are new faces who have never been there before.

    One of them is the Most Rev Mark Strange, our own Primus. Mark will be able to speak directly about what has happened in Scotland. (He’s taking time to pray this week to prepare for the meeting and the Scottish Episcopal Church is praying with him).

    The truth is, what has happened in Scotland is a model for how the Anglican Communion can move forward and move beyond the constant squabbles about human sexuality. Here in Scotland we’ve made conscience the thing that we argued about rather than what people get up to in bed. We’ve recognised that Episcopalians take different views about same-sex relationships and we have honoured all of them. We’ve said that conscience has to be respected.

    Now the conscience thing is important to understand – for we have not simply made provision for the consciences of those who object to same-sex relationships being respected. We’ve also said that conscience clauses apply equally to those who do, sincerely and truthfully believe that God wishes to bless those same-sex couples who wish to be married in church. Those of us who believe in offering marriage to all couples have consciences too.

    We’ve tried to make it so that individual consciences are respected. It was the only possible way we could hang together. Ultimately, that is the only way that the Communion can hang together too.

    We have something to witness to that is good and godly and I’ve no doubt that Bishop Mark will be looking forward to sharing the good things that have happened in Scotland as we have discussed, wrestled, voted and prayed this through. Remember this – the Scottish Episcopal Church decided to stay together over same-sex nuptials and the Communion could decide to do exactly the same.

    For myself, as someone who has been part of this argument for longer than I can remember, I would want to say to those interested enough to listen to what has been going on in Scotland, “taste and see that the Lord is good”.

    What we are talking about are the best days of people’s lives. What we are talking about are wedding ceremonies that are full of love and grace and compassion and joy. What we are talking about is the sheer joy of welcoming diversity and setting our General Synod free from these squabbles to concentrate on the core task for our church of preaching the love of God to Scotland.

    For the love of God is what we are about. The gospel is preached here. God’s grace is known here. And God’s love is shared here. And all this as much during same-sex weddings as any other time. We’ve seen it. We witness to it.

    And nothing can separate us from the love of God. After all, there is no condemnation for those who are in Christ Jesus. And as it happens, I am convinced that neither death, nor life, nor angels, nor rulers, nor sanctions, nor off the record media briefings, nor primates, nor consequences, nor GAFCON, nor anything else in all creation, will be able to separate us from the love of God in Christ Jesus our Lord.

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    1. kelvin Avatar

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

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