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ENGLAND: No Civil Partnerships for Anglican Clergy says Anglican Mainstream

No Civil Partnerships for Anglican Clergy says Anglican Mainstream

Anglican Mainstream has asked the Bishops of the Church of England not to allow its clergy to enter civil partnerships under the recently-enacted Civil Partnerships Act.

Anglican Mainstream also urges the bishops to discourage lay members of the church from entering into such partnerships.

Because the provisions of the CPA are so clearly based on marriage law, "these partnerships will be misunderstood as marriage. . . . The Act is self-contradictory because it prohibits civil partnerships between close relatives, which only makes sense if 'marriage' is in view."

"If the church were to decide to follow the state legislation with its inherent self-contradiction, the result will be press headlines such as 'gay clergy to be allowed to marry'. The church cannot blame the media and general public for coming to this obvious conclusion."

Anglican Mainstream calls on the Church of England "to maintain the Christian position derived from the Bible that marriage is a life-long union between a man and a woman, and that sexual intercourse belongs within marriage exclusively."

"The Church of England would do better to make specific provision in its own legislation to remedy the injustices to all people in its employ who are de facto next of kin, specifically siblings and near-relatives."

Anglican Mainstream calls upon orthodox Anglicans to urge their bishops not to pursue the path as recently reported of allowing clergy to enter into civil partnerships on condition they remain sexually abstinent. By going down that path and appearing to advocate sexless marriage for gays, the church would be presenting itself to the public mind as inconsistent and foolish.

For further information contact

Dr Philip Giddings (Convenor)
Canon Dr Chris Sugden (Executive Secretary) Anglican Mainstream's Steering Committee: Rev John Coles (New Wine), Rev David Banting (Reform), The Ven Paul Gardner (Church of England Evangelical Council), Prebendary Richard Bewes OBE, Rev George Curry (Church Society)

Discipline: A Statement from Anglican Mainstream UK

1. A press report that the Church of England's bishops are proposing that gay clergy can 'marry' but not have sex has recently gone around the world. The story was said to be based on a draft statement the bishops are preparing in response to the fact that the Civil Partnership Act 2004 (CPA) is due to come into effect in early December.

The Act provides that the Secretary of State may by order 'amend, repeal or (as the case may be) revoke any Church legislation' [s259(3)(c)] and it is understood that the Trade and Industry Secretary is currently consulting the Church of England about the order he proposes to make. Given that the CPA has been passed into law, what response should the Church of England be making?

2. According to the Government's web-site, the CPA permits homosexual people to register their partnership in law so as to be able to obtain the benefit of this legal recognition in such matters as
* civil partners to be assessed in the same way as spouses for child support;
* equitable treatment for the purposes of life assurance;
* employment and pension benefits;
* recognition under intestacy rules;
* access to fatal accidents compensation;
* recognition for immigration and nationality purposes.

3. Although the Government has argued that a civil partnership is not 'gay marriage', critics of the CPA point to the fact that its provisions are clearly based on marriage, including using a table of kindred and affinity in the definition of who can and who cannot register a civil partnership, the provision that one can only have one civil partner, that civil partners must be over the age of consent, and the way in which partnerships can be dissolved. Attempts in Parliament to extend the provisions of the legislation so that its benefits could be made obtained by siblings and close relatives were firmly resisted by the Government, who wished to confine the CPA entirely to same sex couples.

4. Anglican Mainstream recognises that the argumentation in this area has to be precise and, as far as possible, within the law of the realm. In making its response to the Act the Church of England will want, above all, to maintain the Christian position, derived from the Bible, that marriage is a life-long union between a man and a woman; and that sexual intercourse properly belongs within marriage exclusively. The Church has nevertheless to address the issue of the status of those of its provisions for clergy pensions, employment and housing rules which would now fall foul of the law because they do not make provision for registered civil partners. We note the position of other churches which do not recognise clergy or lay people entering civil partnerships. They are taking advantage of the clause under the Human Rights Act which allows churches to claim exemption on matters of belief and doctrine.

5. Under the Civil Partnership Act, as far as clergy are concerned, the Church seems to have a number of possible options:

i. to prohibit clergy altogether from registering such partnerships ii. to ignore clergy who do so iii. to impose conditions on clergy. It is argued that the first course would not be sustainable as many clergy would ignore the prohibition and the second course would amount to abandoning the church's doctrine and discipline. Debate is therefore focussed on the third option, and upon what conditions should be imposed - and whether similar conditions should also be placed on lay leaders.

6. If the leaks to the press are to be believed, the House of Bishops is contemplating allowing clergy to enter into civil partnerships but only on condition that they will respect the Church's discipline and remain sexually abstinent. It is argued that this would help to reinforce the more general message that a civil partnership does not and cannot amount to a marriage, and cannot change the principle that sexual union is appropriate only within marriage. The credibility of that argument is problematic. A partner is usually thought to be someone who is de facto a husband or wife.

7. Anglican Mainstream UK asks the House of Bishops, before they embark on such a dangerous course, to consider the following points very carefully:

1. The best construction that can be put on the Civil Partnership Act is that it is designed to redress an injustice to people who have legitimate claims to be considered as equivalent to "next of kin". The Act is self-contradictory because while claiming not to provide for "marriage" it prohibits civil partnerships between close relatives, which only makes sense if "marriage" is in view.

2. If the church were to decide to follow the state legislation with its inherent self-contradiction, the result will be headlines such as "Gay clergy can marry". The church cannot blame the media and the general public for coming to this obvious conclusion.

3. The church thus presents itself to the public mind as inconsistent and foolish - to be advocating sexless marriage for gays.

4. Scripture teaches in I Timothy 3.2 , the promises in the ordinal and Canon Law since Nicaea says that the manner of a priest's household should be above reproach. This was recognised in the Nicaea canons thus: CANON III. Concerning women who have been brought in to live with clergy: The great Synod has stringently forbidden any bishop, presbyter, deacon, or any one of the clergy whatever, to have a sub introducta dwelling with him, except only a mother, or sister, or aunt, or such persons only as are beyond all suspicion.

5. The Church of England would do better to make specific provision in its own legislation to remedy the injustices to all people in its employ who are de facto next of kin, not just those in registered civil partnerships - specifically siblings and near-relatives. 6. The danger of placing the Church of England and the Archbishop of Canterbury in a compromised position with regard to the Anglican Communion whose primates have asked ECUSA and Canada to withdraw members from the ACC because they have chosen to walk apart from the teaching of the Communion. 7. Their responsibility for maintaining the teaching and discipline of the Church of England which they undertook in their ordination and not allow threats of disobedience or defiance from any quarter to deflect them from their duty.

8. Therefore Anglican Mainstream is strongly of the view that

1. Orthodox Anglicans should urge their bishops not to pursue the pastoral advice as it has been reported.
2. Because the legislation is ambiguous, it would be inappropriate and damaging to the Church's pastoral ministry if bishops were to encourage Anglicans to enter civil partnerships, since these will be misunderstood as marriage.
3. The Church of England should not allow its clergy to enter into civil partnerships, as at present constituted under the Civil Partnerships Act.
4. The same discipline should apply to bishops, clergy, lay leaders and all communicant members of the Church of England.

For further information contact Dr Philip Giddings (Convenor) +44 (0)118 931 8207 / (0)118 954 3892 Canon Dr Chris Sugden (Executive Secretary) +44 (0)1865 883388

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