What is in Kelvin's Head?

  • Online reading

    Here’s some on-line reading.

    The Doctrine Committee of the Scottish Episcopal Church published an essay earlier this year on Marriage and Human Intimacy. This is available now online for the first time along with the other previous essays which they have written.

    There was a mini-brouhaha on twitter when one or two people actually read it this afternoon and started to recount the ways in which it is offensive. The bit about scientific evidence for gay people reacting to sweat differently to straight people seems to be the bit that has caused most offence. Silliest is perhaps: “Gay men tend to weigh less than heterosexual men and
    to have shorter limbs and hands.”

    By far the most offensive thing about it from my point of view is that on being asked at General Synod whether any gay people had been engaged, consulted or included in the process, the convener of the group answered in the negative.

    Do I need to spell it out? If we were doing a piece of work about women but all the writers were men…..if we were doing something about disability and no-one bothered to speak to anyone in a wheelchair…..

    Etc.

    There will be plenty more to say about this later, but for now read it. It is designed to provoke debate and is an invitation to respond.

    The essay is available here.

    Rather more positively we have a good article in the White Rose, the magazine of Old St Paul’s church in Edinburgh.

    Towards the end of a long article, well worth reading, Ian Paton, their Rector says:

    As far as I can see, therefore, there is no obvious reason why such Godgiven humanity should not be affirmed in same-sex relationships as well as in heterosexual ones. No relationships are perfect, whatever the sexual orientation of the persons involved, but they all contain the potential to reveal that God-given humanity.

    Despite the prejudices and ignorance of many people, which I have shared on the past, gay and lesbian people themselves have developed ways of finding, establishing and celebrating life-long relationships of mutual commitment and joy. For myself, I
    can see no reason, in the Bible or in Tradition, for preventing those relationships from being equally
    acknowledged and affirmed, with those of heterosexual couples, as marriages blessed by God, signs and sacraments of God’s committed and joyful love for the world.

    When he is not busy being the Rector of Old St Paul’s, Fr Ian also happens to convene the Liturgy Committee in our church.

    You can find that here.

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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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