• Same-Sex Blessings Authorised for Trial Use

    Through the wonders of the internet, I was watching last night as the US based Episcopal Church General Convention voted to allow a formal liturgy for Same-Sex Blessings to be authorised for trial use in such dioceses and congregations which chose to allow them.

    It was an undramatic moment, it has to be said – they managed to get themselves into a mire of procedural motions before the vote which was clearly testing everyone’s patience.

    No-one who has followed the goings on of the US church will be at all surprised by this development though I suppose it might well be a moment when some of the shrill grumpy voices pipe up.

    Here in Scotland, interestingly, we don’t seem to be going down the line of producing a special liturgy for same-sex couples to be blessed with. The gay community in Scotland owes a great debt to my ecclesiastical neighbour the Rev David McCarthy for suggesting some years ago in a Synod debate that if one simply chooses option A at each stage of the Scottish Episcopal Marriage Liturgy you get a service which curiously does not mention gender much at all. A little massaging of words like wife, husband and marriage and you have a liturgy ideally suited for blessing same-sex couples.

    Certainly, I’ve known a couple of couples recently who are indebted to Fr David for having made this suggestion. It is ingenious and has meant that there is no great pressure building up in our church to produce a formal liturgy of blessing separate to the marriage liturgy. I’m not sure that they actually toast “The McCarthy Liturgy” at their wedding breakfasts, but perhaps they should do.

    I think that it is all to the good that we are not going down the line right now of producing a separate liturgy, particularly in the light of current conversations about equal marriage which are taking place in the political sphere and with which many people from the churches are engaged.

    I have to confess to thinking that the actual liturgy that the US based church has authorized is a little unexciting. Maybe though, that is the point. If you devise a dazzling liturgy for blessing gay couples, everyone else will want one too.

    You can find the blessing service online. (Go to page 67 to find the liturgy). Strictly speaking, that is the version that went to General Convention – it has been modified a little since then. I can’t find a clean version of the newly authorized liturgy, but no doubt one will appear soon. If you know of a link to such a file, do please post it below.

    So, what do you think?

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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