Scottish Government’s proposals for Marriage

The Scottish Government has published its proposals for amending marriage law in Scotland. There are one or two surprises too as they are going to try to amend some of the bits of law that apply to straight couples getting married. I didn’t see those changes coming and they are likely to be a bit lost in the hubbub surrounding the news that the Scottish Government has indicated that it is to legislate in favour of allowing same-sex couples to get married.

Religious bodies will need to opt into the legislation. They will be able to authorise all of their celebrants to do same-sex marriages if all (yes, all) agree. Alternatively they will be able to nominate designated people as celebrants so long as the religious body has agreed that it is appropriate for some of its celebrants to do so.

The new legislation is to be warmly welcomed. It isn’t equal marriage (most notably in the ways in which celebrants can be authorised) but it is getting very close and it provides a workable way forward for marriages of same-sex couples to be regarded in the same way in society as marriages between a man and a woman.

All of this will kick-start decision-making processes in a number of churches including my own. Somehow or another the Scottish Episcopal Church will need to make its mind up what to do.

For now, I’m simply going to say that I’d be very happy to conduct such marriages and look forward to the day that same-sex couples will be able to be married in St Mary’s Cathedral, Glasgow. Indeed, there are members of the congregation hoping and wishing and praying for that day who want to get married and who are currently unable to do so.

I’ll continue to support and encourage those couples and continue to work to ensure that they can have the happiest day of their lives in their own church as soon as possible.

But what, I hear you ask, about those other changes? Here are a few things to think about.

Well, it looks as though there is going to be a significant change to the law which would allow registrars to conduct weddings (of any kind) anywhere rather than simply in approved premises. Up until now, religious and humanist celebrants have been able to conduct weddings just about anywhere in Scotland whilst registrars have been limited in where they could do it. This has meant something of an industry developing whereby couples shopped around for a marriage celebrant who was prepared to go to their preferred place – mountain tops, beaches, hotels, golf-courses etc. Generally speaking, I think it has been Church of Scotland and notably in recent years humanist celebrants who have been involved in this business. (In my diocese the bishop frowns at the thought and clergy need permission from him before celebrating a wedding outside of a church. In this case, I share in his frowns and don’t generally do weddings outside a place of worship).

I expect the consequence of this to be that civil weddings will rise in numbers, Church of Scotland weddings will fall in numbers and maybe those humanist figures which have risen so impressively will now start to tail off.

Another big change, which does not seem to me to have been thought through at all is the idea of establishing a category of wedding based on belief. (This would subsume the humanists). Thus, a group or organisation could establish itself as a belief group and apply for recognition for doing weddings.

It seems to me that it would be entirely possible that a Christian group which was not a church could be established with celebrants drawn from existing denominations authorised to do same-sex weddings. I don’t see how the state could discriminate against, say, Changing Attitude Scotland or Affirmation Scotland applying to have (lay) celebrants authorised to do same-sex or indeed opposite sex ceremonies. All kinds of groups could be imagined. There could be an Ecumenical Lay Association for Same-Sex Marriage for example. Or a bunch of renegade nuns.

Expect a lot more ink to be spilled over this suggestion.

Oh, and one more thing. The current proposals we have from Holyrood and Westminster don’t seem to me to deal with issues about celebrants being authorised from outside their current jurisdiction. I see a way whereby someone might end up authorised to conduct same-sex weddings in Scotland (an Anglican priest, for example) being asked to go to England (for example) and conduct the wedding of a gay couple. Seems to me that, notwithstanding the local ecclesiastical courtesies, the local registrar in England and Wales would struggle to say no.

Finally, a very welcome change in that people going through gender transition will no longer need to divorce their spouse before being recognised in their new gender. This was an iniquitous situation and one issue which my own congregation raised in its response to the Scottish Government.

Talking of responses, this is round 2 of the consultation process. We are going to need responses to all this to come from individuals and groups and congregations and denominations all over again. More details about that in due course.

But for now – hurrah!

George C and Ann W

Sometimes one’s twitter feed appears to simply light up with activity. It did so for me as countless people that I know posted their instant reactions to the things that George Carey and Ann Widdecombe said at a meeting held to co-incide with the Tory Party Conference, which was intended to rally the anti-same-sex marriage faithful. The long and short of it is that they seemed to imply that equal marriage would be the next stage on a slippery slope towards a totalitarian political system. It is reported that when asked about opponents to same-sex marriage being called names (the “bigot” word is what we are talking about, I fear), Lord Carey apparently said that such namecalling could lead to people facing the same kind of persecution as the Jews in Nazi Germany.

It is nonsense, of course, and all the more offensive as he seems to have forgotten that gay people were very particularly targeted by the Nazis too.

David Cameron may be a lot of things but I’d say that, having met him, I am pretty sure that he is not preparing a final solution to impose upon former archbishops and their followers. One might have thought that such comments were beneath even Lord Carey’s rarefied pomposity, but it would appear not.

So, what do I say about all this?

Firstly, it is worth remembering that these comments have at least as much power in rallying the pro-same-sex marriage cause as the anti-brigade. Indeed, all this does seem to recruit people to the fight for equality. It is hard to think anything other than that these comments make same-sex marriage all the more likely. No sensible politician is going to align themselves with this style of debate anyway. (I don’t think Ann Widdecombe was ever a serious politician though I will confess that in her barmy single-mindedness she remains, like Tommy Sheridan and Arthur Scargill, one of my very guilty political pleasures).

Secondly, it is worth reflecting on how easy it is for church people to get themselves into the news. It interests me that George Carey (once the Primate of All Englandshire) can still get column inches in the same kind of way that Richard Holloway (who was at the same time Primus of our own dear Scottish church) still can. Richard is still one of the more interesting and sane people prepared to say things to the press and consequently gets good coverage.

One of the lessons to learn from Lord Carey’s nonsense is that the press will still report things if clergy have interesting (and indeed, yes, outrageous things to say). I got lots of good press recently for saying that everyone is welcome in our churches and that we would happily look after any disaffected Roman Catholics for one Sunday only whilst their own church was saying hideous things.

It isn’t terribly exciting to say that everyone is welcome in St Mary’s. It is what we and many others say very often. Interesting though that if you articulate the risks and blessings of that kind of welcome, all of a sudden, the press puts it on the front page.

(Incidently, I do hope that the Roman Catholic church wants to look after any disaffected Episcopalians who are in need of sanctuary. They’ve been actively recruiting from the top with their Ordinariate scheme and we must wish anyone who signs up godspeed and good wishes).

Getting back to Lord Carey and Ann W though, what shall we pray for them. A blessing of wisdom, I say, and let us pray that the Holy Spirit might bless them both with a dose of compassionate holy common sense.

God bless them both.

Do I hear anyone say, Amen? (And a retweet if you are twittering….)