What is in Kelvin's Head?

  • The Affirmation of a Transgender Person

    There’s yet more debate online about people calling for a special service to be approved by the Church of England in order to recognise and support someone following their transition from one gender to another.

    I happen to think that it would be an interesting thing for the Church of England to consider. However, we’re lucky in Scotland that we’ve already agreed a form of service that could be used as an affirmation for transgender people.

    Here are some of the prayers:

    THE LAYING ON OF HANDS
    The president says
    God of mercy and love,
    new birth by water and the Spirit is your gift,
    a gift none can take away;
    grant that your servants may grow
    into the fullness of the stature of Christ.
    Fill them with the joy of your presence.
    Increase in them the fruit of your Spirit:
    the spirit of wisdom and understanding,
    the spirit of love, patience and gentleness,
    the spirit of wonder and true holiness.
    The president lays hands on the candidate in silence, and then says
    Come, Creator Spirit,
    rekindle in N. your gifts of grace,
    to love and serve as a disciple of Christ.
    Amen.

    Renew her/his life in Christ
    and bring to completion all that your calling has begun.
    Amen.

    Either continuing the laying on of hands, or anointing the candidate
    with the Oil of Chrism, the president says:

    Empower your disciple, N.,
    to bring life to the world.
    Amen.

    At the conclusion of the laying on of hands
    the president says
    Living God, sustain all your people
    to be hope and strength to the world;
    through Jesus Christ, our Lord,
    to whom with you and the Holy Spirit
    be honour and glory, now and for ever.
    Amen

    The congregation share communion.

    The president addresses the congregation:

    The light of Christ is within you. Shine as a light in the world.
    As the seed grows secretly in the earth,
    As the yeast rises in the dough,
    May the power of God be at work in us.
    Like a city on a hill,
    Like a lamp in the darkness,
    May we witness to the glory of the kingdom.

    It seems to me that as we’ve already agreed these prayers, there’s going to be no fuss about it at all in Scotland whereas there might be in Englandshire. I’d be very happy to conduct this service for anyone who has completed their gender transition and who wants to express their faith publicly in their new identity.

    The great news is that the service is available to cis people at moments when they want to express publicly the renewal of their faith too. Indeed, some of these prayers were used at a particular point in my own life when I came into ministry in St Mary’s nine years ago. We don’t discriminate and so this service is available for all God’s children whether they are trans or not.

    The service can be found online here:
    http://www.scotland.anglican.org/wp-content/uploads/2014/01/affirmation-of-holy-baptism-2006.pdf

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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

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