What is in Kelvin's Head?

  • Church of Scotland Debate

    I’ve spent much of today listening to the Church of Scotland’s General Assembly debating their Special Theological Commission that had been set up a couple of years ago to report on the way forward for that church with regard to the possibility of gay people to be ordained and inducted and to have their partnerships blessed by that church.

    Three proposals emerged. The first two were in the report itself and labelled rather unsatisfactorily as the Revisionist (option A) and the Traditionalist (option B) position. Option A allows what tends to be called a mixed economy by which that church could eventually allow ministers in civil partnerships to be appointed to churches and gay couples in civil partnerships to be allowed to have their partnerships blessed. Option B would not though anyone who happened to be in a Civil Partnership already would probably not be hounded out of their ministry but no new minister in a civil partnership could be inducted or ordained. The third position emerged during the day and was moved in the name of Albert Bogle. (Confusingly it was option D – another motion C had been proposed and then was withdrawn during the process). This option D was a proposal to reaffirm the traditionalist view on these matters whilst allowing individual Kirk Sessions to opt to do as they like and choose such a minister anyway.

    In each case, these were not final votes. The procedures of the Church of Scotland mean that where there are significant changes accepted by a General Assembly they then have to be put to the presbyteries of the church. The final position only emerges if a majority of presbyteries concur during the subsequent year and also the next General Assembly confirms the vote. (If a majority of the presbyteries do not concur then the process fails).

    Option B fell in the first round of voting.

    The commissioners of the Assembly then opted for Option D.

    My own feeling is that this was a very hastily patched together compromise that is an astonishing move for the church to make.

    It effectively means that the Church of Scotland has chosen by 340 to 282 to go down a path which delays the decision for another year and which is theologically incoherent and unexamined by the Commission which had been set up to consider these matters.

    It means that the Church of Scotland has affirmed that it believes something whilst also giving permission to kirk sessions in the church to ignore that doctrine and do something diametrically opposed to what the church says it believes. It is not merely an untidy compromise, it is ecclesiastically and theologically incoherent.

    The Church of Scotland became more congregational in its polity today. Some may feel that there are frightening implications for those in that church who support the ordination of women as ministers and elders. What else is going to become a matter of congregational choice?

    All this now goes to presbyteries under the Barrier Act. (After next year’s Assembly, if I’ve understood this right).

    It may be that some will leave the Church of Scotland because they have affirmed a plan that would allow that church to have gay ministers in some congregations even though the church has affirmed that doctrinally it believes that this is wrong.

    It seems to me quite likely that presbyteries may refuse to affirm the proposal.

    This matter was not resolved in either direction in the Church of Scotland today.

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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