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Second Church Estates Commissioner rejects govt’s gay marriage bill: The Church of England Newspaper, February 8, 2013 February 14, 2013

Posted by geoconger in Church of England, Church of England Newspaper, Marriage, Politics.
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The Second Church Estates Commissioner, Sir Tony Baldry MP, broke ranks with his party’s leadership this week and spoke against adoption of the Marriage (Same-Sex Couples) Bill.

Rising to speak during the debate following the Second Reading of the Bill, Sir Tony stated that while he would vote against the bill, he wished to thank the government for their assurances that the legislation would protect religious freedom.

Speaking in his capacity as Second Church Estates Commission, Sir Tony said he wanted to “make clear to the House the views of the Church of England on the provisions that the Government have included to safeguard religious freedoms. Let me make it clear that I entirely accept the Government’s good faith in this matter and am appreciative, as is the Bishop of Leicester, who convenes the Bishops in the other place, and as are senior Church officials, of the attempts the Government have made.”

He noted the government was correct in ensuring that “every Church and denomination can reach its own conclusion on these matters and be shielded so far as possible from the risk of litigation” and he accepted the government’s pledge that the “quadruple locks” would protect the rights of the Church of England.

“The so-called quadruple locks are sensible and necessary,” he said, adding the “simple point” is that the Church of England and the Church in Wales “have not wanted anything different in substance from all other Churches and faiths—namely, to be left entirely free to determine their own doctrine and practice in relation to marriage.”

However, Sir Tony noted the Church of England was not a creature of Parliament. While it had a common law duties to marry all parishioners, the issue was rather “complex” as its “canon law remains part of the law of the land and it also has its own devolved legislature which, with Parliament’s agreement, can amend Church legislation and Westminster legislation.”

He noted that in changing marriage, the government was creating a “number of extremely difficult second-order issues. Although the failure to consummate a marriage will still be a ground on which a heterosexual marriage can be voidable, the Bill provides that consummation is not to be a ground on which a marriage of a same-sex couple will be voidable.”

“It also provides that adultery is to have its existing definition—namely, sexual intercourse with a person of the opposite sex. It therefore follows that divorce law for heterosexual couples will be fundamentally different from divorce law for same-sex couples, because for heterosexual couples the matrimonial offence of adultery will persist while there will be no similar matrimonial offence in relation to same-sex marriage. The fact that officials have been unable to apply these long-standing concepts to same-sex marriage is a further demonstration of just how problematic is the concept of same-sex marriage.”

“There is an inevitable degree of risk in all this,” he said. While the “Government believe that this is a risk worth taking. The Church of England does not.” Sir Tony said.

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Comments

1. The Rt Revd Richard Palmer - February 15, 2013

But the Church of England, as constituted, is a creature of Parliament. The arrangements set in place by 1559 make the Church of England an instrument of State under the Crown and its position should reflect both the decisions of Parliament and the ethos of the nation. An Established Church that does not do this is a contradiction.


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