• Where does the Church of Scotland stand?

    It has been a pretty confusing 24 hours for the Church of Scotland. My prediction yesterday morning that the news would be reported inaccurately was bang on. There have been very many reports in the media about the Church of Scotland that have been inaccurate. And you know what? The media are not the ones to blame.

    Yesterday afternoon after a very long debate the Church of Scotland thanked the Special Theological Commission that it had set up to examine whether blessings of gay couples could be permitted and issues around the ordination of gay clergy in relationships. Rather than accepting either of the proposals from that Commission, they adopted a hastily cobbled together deliverance which I think seemed to the Commissioners to be a compromise.

    Then the press got hold of the wrong end of the stick, led by the BBC which reported the news entirely inaccurately. Robert Piggott was on the TV all last night saying that the Church of Scotland had changed its policy on gay ministers but that some congregations could opt not to have them. In fact it was the reverse – they accepted a proposal to bring plans to a subsequent 2 Assemblies to maintain the view that the Church of Scotland does not accept gay relationships but that individual Kirk Sessions (ie the elders in a congregation) could have a minister in a gay relationship anyway if they really wanted one.

    I think it is one of the greatest attempts at Doublethink since the Church of England allowed women to be ordained but allowed some people in the Church to think they hadn’t been ordained.

    This kind of thing does the churches no good. When decisions like this are made it seems like a compromise, which appeals to people who don’t want to hurt or upset anyone and who think that the fundamental thing that needs to be done is to keep the church together.

    Yesterday the Church of Scotland decided to follow a path towards crucifying its own internal integrity. You can’t expect to flourish if you say that something is doctrinally wrong but that you’ll turn a blind eye to congregations doing it anyway. It means you’ve lost sight of what truth is. And that isn’t really suppose to be an option for God’s people.

    As an Anglican, I obviously don’t say that from a position of any superiority. Indeed, we tolerate things in the Anglican Churches which are just as bad and worse.

    The question was asked yesterday as to what happens if a congregation want a minister who happens to be gay but a presbytery doesn’t want a person who happens to be gay. The answer came from the top table that the presbytery could not overule a kirk session. I find it almost impossible to understand how this will work in practise. A friend gave me the example that currently a presbytery cannot refuse to ordain a woman – being female is not grounds for refusing to ordain or induct according to the highest court of that church so therefore such an ordination cannot be presented. I simply don’t see how a General Assembly can affirm a “traditionalist” anti-gay position and then insist that a presbytery has to ordain someone because a local kirk session demands it.

    It is certainly the case that yesterday the Church of Scotland accepted that some people are gay. However, it didn’t really deal with it. It accepted that some people affirm gay people but still affirmed a position which condemns that affirmation.

    The Moderator of the General Assembly, Lorna Hood is being quoted as saying “This is a massive vote for the peace and unity of the Church.”

    It seems to this outsider looking in on the General Assembly that its own moderator hasn’t understood what it was she was presiding over yesterday. This is a decision that will be challenged next year, challenged at every presbytery through the subsequent year and challenged and fought over at the following Assembly. Then, even if it succeeds, it will be challenged inevitably through cases brought to further Assemblies. This isn’t peace, it is a vote to enshrine the war in the life of the church for the forseeable future.

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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