What is in Kelvin's Head?

  • Made in Scotland with Love

    Today is my ordination anniversary. Nineteen years ago today on St Columba’s day I was ordained priest. For most of that time I’ve been promoting the fundamental equality of gay and straight people in the church. With others, I founded Changing Attitude Scotland 13 years ago.

    And so it will surprise no one that I’m excited by the vote, overwhelming in two houses, on a knife edge in the house of clergy, yesterday, that means that those who wish, in the Scottish Episcopal Church will be able to conduct marriage services for same sex couples.

    It isn’t a way of doing it that would have been my first choice. If I could have had what I wanted I’d have had a straight vote committing the church to equality and marriages of same sex couples everywhere. But that won’t happen. The church chose a different route, simply respecting the conciences of all – those in favour and those against. It was, in the end, a better motion than I would have devised.

    I was moved beyond words yesterday to hear the speeches in Synod. Moved by people, unlikely people sometimes, who agree with me. Moved too by the presence of those who don’t agree but who see this as the only answer that will give us peace. And moved by those who disagree, those for whom this decision weighs heavily.

    But I was moved overall that we are a church that just chose overwhelmingly to stay together over gay marriage. We need and love one another.

    In the end I didn’t speak in the debate. My church spoke for me and I’m proud of it.

    This wasn’t a vote about gay people. It was a vote about what kind of church we want to be.

    This is a mainstream Anglican response to the question that has beset us. Not building windows into other men’s souls and also respecting the consciences of all. This is what Anglicans do. This is who we really are. And this is the only solution that will work in the Anglican Communion. Let it be seized on by all who seek peace and goodwill.

    This solution to the Anglican agonies of recent years bears the label – Made in Scotland for Export.

    Made in Scotland with love.

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!”

    Reply
    1. kelvin Avatar
      kelvin

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

      Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

Previous Posts

  • Culture Catch Up

    I’ve been on annual leave for the last week. It was my (rather late) post-Christmas break. Just after Christmas, I didn’t want to be away from either home or St Mary’s, probably due to having just come back from my three-month sabbatical. Hence, I put off taking time off until now. This year I threw…

  • The Hope of my Roman Catholic Friends

    I know so many Roman Catholics. I minister to a lot of Roman Catholics. A number of Roman Catholics minister to me, bringing me life and joy and love. Those relationships mean that I live with their hope. The news that the pope was going to retire brought that hope out into the open. It…

  • St Andrews Debates

    Great night last night in Lower Parliament Hall in St Andrews. I’d been invited to join a panel debate (a bit like Question Time) on LGBT issues at the invitation of the Debating Society and the LGBT Society of St Andrews University. I like going back to St Andrews, which was where I read theology…