• Is it a sin?

    Is it a sin, I find myself asking rhetorically, for men and women to be treated differently by institutions? Is it a sin for women and men to have unequal access to power and privilege.

    My own view is that it is not merely wrong for gender to be a determining factor in what someone can do or achieve but that it is a sin.

    Now, don’t start asking me to defend that from a biblical position. This blog tries to live in the land of common sense after all. If you want arguments that use biblical texts to try to “prove” an argument one way or another, I hope, if you’ve been reading along for a while, you know fine well to try someone else’s web page. We don’t do that round here.

    The thing is, the Church of England has a decision to make soon as to whether to adopt the legislation currently before its General Synod that would allow women to be selected to be bishops. It has been a long and drawn out affair getting to this point. What England has been debating is how to retain within one church people who say they cannot accept the authority of bishops who happen to be women whilst also accepting the full authority of those women as leaders within the organisation.

    It can’t be done, of course.

    What has been proposed is a process by which congregations will be able to opt not to recognise a women who happens to be leading the diocese in which they exist but that they might request oversight, in some way, from someone else. The means by which this might be done has been subject to intense scrutiny. What is currently proposed is commonly said to be the best legislation that might pass in their synod.

    Now, one does not comment on the business of another Anglican church’s synodical process lightly. No, really, one doesn’t. After all, one tends to find oneself arguing quite strongly for provincial autonomy within the Anglican Communion, for example by making the point that the American church was quite entitled to choose Gene Robinson as a bishop if it wanted to do so, thank you very much.

    Those who did pile into the Gene Robinson argument from outside America argued that his consecration damaged the whole. His being a bishop undermined the local episcopacy elsewhere – or so they said.

    Curiously, I feel much the same about the current legislation in England. If I were a member of the Church of England and a member of its Synod, I would be voting against it, even though I’m a great believer in women having exactly the same opportunities as men and women and an advocate for the cause of opening the Episcopate to men and women equally.

    The reason for me saying so out loud is because I think that decisions made in England long ago over questions about whether women could be priests in England were at the root of so much of the Anglican controversies of recent years. The C of E somehow came to the conclusion that you could have priests who were women but also be in the church and not accept that those women were priests. It was a move that baffled many both inside and outside. And it also gave rise to the so-called “Flying Bishops” and talk of there being two integrities within the one church – an absurd contradiction in terms. That flying bishop idea is far more the cause of the trouble the Anglican Communion faces than the election of Gene Robinson was. The idea that you had to agree with your bishop’s predilections and pecedillos was hitherto entirely alien. In the past, you might not agree with your bishop, but he still was your bishop. Now, you could opt out and chose someone more suited to your own prejudices.

    It was odd that there were those who could live with bishops they did not like or agree with in their own country who could not accept Gene Robinson being a bishop in another country.

    Anyway, having had that experience, Anglicans from outside England might well be cautious of the current legislation facing the English Synod. If it passes, as it looks as if it may, the unintended consequences might, as with flying bishops, be enormous. If you sow the wind of sexism, you may well reap the whirlwind.

    Because I believe in the equality of women and men, I find myself very reluctantly hoping that England says No!

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.

Leave a Reply

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

Previous Posts

  • St Columba's Day

    St Kelvin’s Day too. I celebrated my sixth anniversary as a priest today.

  • Voting

    “No, I’m not voting on Thursday – there is no point. It makes not difference anyway. I cannot think of any reason to vote at all.” Is the threat of far-right parties taking seats not reason enough for anyone?

  • Hoodwinked

    Yesterday was Trinity Sunday and so we sang St Patrick’s Breastplate in church. Unfortunately, I was hoodwinked by a modern hymn book which missed out the following verse – Against all Satan’s spells and wiles, Against false words of heresy, Against the knowledge that defiles, Against the heart’s idolatry, Against the wizard’s evil craft, Against…