‘C of E gay marriage to be illegal’ is perhaps not the
headline David Cameron had hoped his consultation might herald. Of course, from
the Culture Secretary’s comments on non-straight nuptials in the Commons, the
BBC News website could just as easily have concocted; ‘nothing changes in Church
of England’. Although arguably true of any time this side of the Reformation,
I concede it's a little less eye-catching.
Maria Miller’s announcement that under proposed legislation it
would be illegal for the Churches of England and Wales to marry same-sex
couples, was in direct response to strong opposition from both organisations.
This caveat forms part of the “quadruple lock”, roughly translated as four
ideas, intended to safeguard religious freedom. Also included is the guarantee
that religious groups won’t be strong armed into holding gay weddings. Such
ceremonies will also be unlawful unless the governing body of a religious
movement has officially ‘opted in’. Crucially, the proposal includes an
amendment to the 2010 Equality Act protecting ministers from discrimination
claims if they refuse to perform a same-sex ceremony, a key concern for clergy,
given the ominous shadow of European law.
Bearing in mind the plethora of passionately held opinions
on the proposal, any conclusions would have always had compromise crayoned all
over them, which explains some of the resultant mumbling, both measured and
more manifest. However, despite the disappointment of many, and the predictable
backlash from the jam and Jerusalem brigade on the Tory backbenches, this is a
diplomatic decision against a backdrop of contrasting concerns.
Gay couples keen to marry, or graduate from civil
partnerships, could do so in registry offices, and selected churches outside the
C of E umbrella. Clergy opposed to same-sex services will not be obliged to
conduct them, contrary to their convictions, and the state will not be seen to
be reaching beyond its remit, by prescribing church policy.
Few democratic solutions are without winners and losers. Those
on the sharp end of this legislation remain same-sex Christian couples unable
to celebrate their wedding amid church communities in which they worship every
week. They would, at least, be able to walk down the aisle, if not always the
nearest available.
I wonder if it may even be more frustrating for some
ministers to have to deny same-sex Christian couples their vows before God,
than marrying the manifestly agnostic who just want a photo in a charming
churchyard. If the Coalition are still consulting, why not consider allowing
any Christian couple a cheap church wedding, charge a four figure fee for the religiously
indifferent, irrespective of sexual orientation, and make churches splash the
cash on underfloor heating? After all, God loves everyone, no matter their
choice of bedfellow, and it’s hard to commune with your maker if you can’t feel
your feet. Just a thought.
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