Anglican Mainstream

I think it is important to look at what marriage, both religious and civil, and civil partnerships are at the moment and be aware of the distinction between the civil or legal aspects and the religious.

A civil marriage between a man and a woman takes place before a registrar in a registry office or other place appointed by the local authority.  Documents and requirements are checked to have been met and then the marriage is an act of registration where currently no religious music, prayers or other religious acts are permitted.

In the case of a religious marriage between a man and a woman a separate civil registration following the above rules will also be necessary unless the religious establishment is also authorised to conduct the legal aspects of the marriage.    An example of this dual function is the marriages which take place in the Church of England and the Church in Wales.  The civil aspect is completed with the signing of the registers usually in a separate vestry or other place set aside.  This is distinct from the religious aspect of the ceremony which coexists with the legal, but this allowance by the state is not the case with all religious ceremonies.  Unless the religious body is permitted to perform these functions, then a separate civil marriage will be necessary.

A civil partnership in England is also conducted by an authorised person at a place set aside and approved by a local authority.  When the requirements of the law have been met, notices given and forms completed and a waiting period has passed, two people of the same sex may register as civil partners of each other by completing a civil partnership document together and the authorised person if satisfied will register it.  Like a civil marriage, no religious aspects are permitted, and it is not permitted to take place in a religious building.

Now of course, this can be changed.  The dividing line between a civil marriage and a civil partnership on the one hand, and a religious marriage, with civil aspects on the other can be blurred.  Hymns and prayers could take place in a registry office, or somewhere else approved: on a beach, in a betting shop, or even MacDonalds if the legislation were amended.  If the prohibition were removed a civil marriage or civil partnership could take place in a religious place.  However the secular nature of both a civil marriage and a civil partnership would have been removed.

So I think that the letter from the mostly retired bishops, Oxbridge chaplains and lecturers and a few clergy proceeds on an emotive front that does not really take account of the issues.  Can civil partnerships be registered in a religious building with hymns, prayers and a blessing and civil marriages not?  Does everyone want this blurring of the nature of two civil registrations, in particular the secularists and atheists who believe that religion has no place in the administrative performance of civil functions?

I think the attacks on the Bishop of Winchester and Chichester really miss the mark, when you examine what these three distinct ceremonies really are.  Much emotion, but not much research and thought has gone into this letter.  I hope the professors in particular apply more rigour to their academic and biblical studies than has gone into this.  

…

“Three faith communities — Liberal Judaism, the Quakers, and the Unitarians — have considered this restriction prayerfully and decided in conscience that they wish to register civil partnerships on their premises.”

and

“To deny people of faith the opportunity of registering the most important promise of their lives in their willing church or synagogue, according to its liturgy, is plainly discriminatory.”

There is a slight confusion.  A civil partnership is neither something registered by faith communities, nor is it “registering the most important promise of their lives…according to its liturgy”.    There is no religious or liturgical element to a civil partnership in the legislation, it is purely a registration function of a document signed by the parties based on their previous actions.  It is not analogous to a religious exchange of vows, more like an administrative rubber stamp.  Further, only authorised persons, such as registrars can perform this function.   

Read it all here

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