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Enabling Bill drafted to chivvy Church of England over same-sex marriage

06 July 2023

Francis Martin/Church Times

The symposium on 26 June

The symposium on 26 June

A BILL to “enable clergy of the Church of England to conduct same-sex marriages on Church of England premises in certain circumstances” has been drafted, as MPs attempt to put pressure on the Church not to “backslide” in implementing the outcomes of Living in Love and Faith (LLF).

Sir Ben Bradshaw, the MP who introduced the Private Member’s Bill in March under the Ten Minute Rule, has previously acknowledged that it has “no chance of becoming law”, owing to a lack of time remaining in the current session of Parliament (News, 22 March).

On Wednesday, however, he raised the possibility that it might be picked up in the next session, “given the Church of England has broken its promise to finalise same-sex blessing and new rules for gay clergy at this month’s Synod” (News, 23 June).

On Tuesday afternoon, a group of MPs wrote to the Second Church Estates Commissioner, Andrew Selous MP, who represents the C of E in Parliament, asking for an explanation of the delay in implementing blessings for same-sex couples and new pastoral guidance.

The letter — signed by the Liberal Democrat MP for Bath, Wera Hobouse, and the Conservative MP for Darlington, Peter Gibson, along with Sir Ben, who is Labour MP for Exeter — asks Mr Selous to give a “written update to the House” to explain the delay.

All three MPs were present at a symposium in Parliament on 26 June, which drew together parliamentarians, academics, campaigners, and church figures, to discuss the next steps towards allowing clergy to conduct same-sex marriages.

The event, facilitated by the Ozanne Foundation, inlcuded speeches from the Bishop of Buckingham, Dr Alan Wilson; Professor Iain McLean, Emeritus Professor of Politics in the University of Oxford; and the Chaplain of Corpus Christi College, Oxford, Canon Judith Maltby, a General Synod member. Their speeches are available to read on the Ozanne Foundation website.

The meeting, which was open to the media, was also attended by MPs from a range of political parties, including the Father of the House, Sir Peter Bottomley (Conservative), and the Labour Shadow Secretary of State for Women and Equalities, Anneliese Dodds.

After the symposium, Sir Ben said: “It is not sustainable for our Established Church to continue to discriminate against a significant minority in the country it purports to serve.

“Depending on the progress at next month’s Synod, Parliament may wish to explore legislative solutions to this impasse, and today’s symposium is intended to help with that process.”

Sir Ben, who was knighted in the King’s Birthday Honours List (News, 16 June), has consistently pushed for the Church to allow same-sex marriage (News, 7 February).

In March, he pressed Mr Selous for “an assurance that there will not be any backsliding on the timescale on that, and that the pastoral guidance will deal finally with the issue of priests being able to marry and be freed from the current celibacy rules” (News, 15 March).

Mr Selous replied: “The pastoral guidance is being worked on, and the bishops remain committed to implementing their response to Living in Love and Faith.” He said that the timing would depend on the outcome of the July meeting of the Synod, which “cannot be guaranteed in advance”.

The draft text of the Same Sex Marriage (Church of England) Bill was published on the Parliament website on Thursday afternoon. It is presented by Sir Ben, and the co-sponsors include a former Foreign Secretary, the Labour MP Dame Margaret Beckett, together with MPs from the Conservative, Labour, Liberal Democrat, and Green parties.

The first clause of the Bill decrees: “The marriage of a same sex couple may be solemnized according to the rites of the Church of England, in a church or chapel, by a member of the clergy.”

But the second reads: “The General Synod of the Church of England may prescribe the circumstances under which the marriage of a same sex couple may take place under this section.”

The effect of the Bill, if it were to become law, would be to remove the current legal impediment, and enable the Church of England to solemnise same-sex marriages if it decided to do so.

To this end, the Bill seeks to amend certain clauses in the Marriage Act 1949.

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