Category: Gay Marriage

Civil Partnerships – what does the Catholic Church REALLY think?

Jenni Murray stated on Woman’s Hour the other day, that the Catholic Church had completed a U-turn (much like this present government on so many matters) and now supports civil partnerships, therefore it seems worthwhile to outline the current position, as I perceive it.

As stated by the Bishops’ Conference in 2003, the Church welcomes and endorses the removal of unjust or discriminatory treatment against ALL people, as a civilised society must recognise that everyone retains their human and civil rights simply by virtue of their inherent dignity as human beings.

The reasons given by the government for introducing civil partnerships were to address an existing inequality between opposite and same sex couples, but as the Bishops noted at the time, many of the provisions made in the Civil Partnership Act were unnecessary – immigration rules and tenancy rights had already been altered in order to grant same-sex couples equality under the law. The Sexual Offences Bill in 2003 also removed discrimination by gender and orientation and employment law was also advanced in order to tackle discrimination and removed any remaining prejudice in the workplace.

As the Bishops said:

 It is very much to be welcomed that in recent years, there have been many significant changes to the law to remove unjust discrimination against people on grounds of their sexuality.

Given the changes to the law and the fact that individuals could make their own private arrangements with regards to inheritance matters, the Bishops questioned whether or not there really was a pressing need for civil partnerships.

As I noted in my previous post, the Civil Partnership Act is discriminatory, in that it is only open to same-sex couples, meaning that elderly relatives or close friends are excluded. Technically speaking there is nothing to stop my aunties from entering into a civil partnership because the act of forming a civil partnership does not require any vows or official wording, the partnership is formed once the contract is signed, whereas a civil marriage must include basic vows in addition to the signing of the register.

Unlike a marriage,a  civil partnership cannot be dissolved on the grounds of either adultery or non-consummation and therefore it is clear that it is a very different structure to marriage evidenced by the fact that it is controlled by a separate piece of legislation.

In 2003, the Bishops stated that they recognised the great value of close relationships which is not to be confined to marriage or family. Whilst Church teaching is clear that sexual relationships belong exclusively within marriage, the Bishops were explicit in noting that

“the Church does not thereby reject the love or friendship between homosexual people, the bond of friendship makes someone closer to us than we are to any family member. A deep friendship is something in which we can all rejoice. A failure to acknowledge this could lead to the wrongful exclusion of someone who should be informed and involved in cases of medical emergency or funeral arrangements”.

Without wishing to reignite all the furore, I believe it is these aspects of civil partnerships for which Archbishop Nichols was expressing support, which is entirely consistent with the Bishops’ statement in 2003.

So, with that in mind, can someone like Fr Ray Blake rush out and contract a civil partnership, as he mooted the other day? The answer is, of course not. Aside from the public scandal caused by the sight of a Catholic priest pledging his troth in Brighton registry office, a civil partnership would be the source of scandal for any Catholic, because though legally a civil partnership does not require any reference to sexuality, there is an implied conjugal bond given the exclusion of close family members. In 2008, the Conservative MP Edward Leigh, attempted to put through an amendment which would remove the existing inequality and disadvantage suffered by close family members, but was defeated as the sole purpose of the civil partnership act was to grant a state-recognised union to homosexuals alone.

As Archbishop Cranmer noted at the time, the state was therefore privileging erotic love over family or platonic love.

The other difficulty for the Church with civil partnerships is that they include rights pertaining to children and are therefore framed as being an equivalent to marriage, which is certainly how they are understood, even if that is not legally the case. A civil partnership includes the ability to gain parental responsibility for a partner’s children as well as a responsibility to pay maintenance for one’s partner and their children in the event that the partnership should dissolve.

In practical terms, the Civil Partnership Act did not change much. The Adoption and Children Act passed in 2003, already allowed single people to adopt, a gay person could already adopt and assume joint responsibility together with their partner. One partner would adopt and the other would apply for a residency order. Same sex couples have had the right to adopt since 2002, three years before the Civil Partnership Act came into force.

What the Civil Partnership Act has done, is elevate civil partnerships to a legal status equivalent to marriage, hence the public confusion. The scope of the Act is too broad and the group of the people to whom it is applied is too narrow.

All Catholics naturally applaud the removal of unjust treatment and inequality, which is why we recognise that some aspects of civil partnerships are to be welcomed, solving issues of natural justice, but we reject those elements which seeks to put civil partnerships on an identical footing to marriage, in terms of rights pertaining to children. It is not right to embark on a policy of which the long-term outlook can only mean that more children are deliberately brought into this world to be deprived of a mother and father.

I saw nothing in the Archbishop’s remarks that contradicted that.

Nick Clegg has opined that marriage is a private matter. He is wrong, marriage is a public institution, outside of the Church, its success or failure has impacts on society as a whole. It is right that proposals that could harm it are given rigorous scrutiny, the same as any other public policy. It is not simply between two people, but exists for the good of children and for society.

It is Civil Partnerships which should remain an entirely private matter of arrangements between two consenting  individuals.

Into the maelstrom

The remarks of Archbishop Vincent Nichols regarding civil partnerships have stirred up a lot of controversy on the Catholic blogosphere this week, led by the respected columnist for the Catholic Herald, William Oddie. I won’t re-hash the debate, but Oddie’s pieces may be read here and here. Archbishop Nichol’s response to the criticism may be found here.

I don’t want to add too much to the debate, other than to wonder whether this is something of a storm in a teacup, I’m not going to deny that the Archbishop’s statement was ambiguous, but I think there is a tendency to be guilty of a lack of charity here. I am quite uncomfortable with the concept of automatically assuming that the leader of Catholics in England and Wales has some agenda which runs contrary to that of the Holy See which he is intent on pursuing. I know all sorts of commenters will now rush to tell me about a whole host of scandals in an attempt to demonstrate that there is a consistent trend and underlying proof that secretly the Bishops are seeking to do xyz, but I am also aware that there is always two sides to every story, and so far, I’m only aware of one side, namely that of the very orthodox Catholic blogosphere. I know that things don’t look great on paper, I am not disputing the veracity of various claims or calling into question the integrity of anyone who comments on these things, but in the case of, for example, the Cardinal Vaughan school, it’s quite difficult to comment from the sidelines, only having been party to one side.

Another thing I will note is that I can’t summon up the enthusiasm for ecclesiastical politics. I don’t know anyone from the Bishop’s Conference and if I’m honest, I don’t really want to know either. Networking, schmoozing, knowing who’s who, isn’t my thing, which is probably something of a failing for a former vicar’s wife. I like to write my blog, talk about Catholic social issues, discuss a bit of politics, what’s going on in the twittersphere and in the media, occasionally venture into a bit of theology, hoping that I don’t launch into heresy, but I’ll only call people to account when I feel able and qualified to do so. I genuinely don’t feel comfortable about publicly questioning Archbishop Nichols, for a multitude of reasons, none of them to do with sycophancy or self-advancement, but simply that I am yet to be convinced of certain things, such as whether the Liverpool Care Plan, is back-door euthanasia for example or whether or not it gives ammunition to the euthanasia lobby, so I’m not going to go down that route. Call me naive but I trust in the Holy Spirit whom I believe has a hand in episcopal matters.

In terms of civil partnerships, I think we have to remember, that were Archbishop Nichols grossly in the wrong here, we’d have heard about it already from the likes of Archbishop Cranmer, who wouldn’t have passed up an opportunity to criticise the Catholic Church if he thought that they were in any way supporting the issue of same-sex marriage. I admire the dead heretic enormously, but he isn’t exactly Rome’s greatest advocate.

The other thing that I think it is worth remembering, is that civil partnerships do solve some issues of natural justice, without necessarily undermining marriage. It is only right and just that people who are not in a marital relationship should be able to have similar access to various legal privileges, formerly only available to married couples, such as inheritance rights, or the right to nominate someone as your next of kin, or name them as a beneficiary on a pension. Though there are arguments to be made for keeping certain things as being exclusive privileges of a married couple, actually it is no bad thing for people to be able to legally formalise close relationships.

Where civil partnerships have failed and are utterly discriminatory is that they are only open to same-sex couples and necessitate an official public ceremony similar to a wedding ceremony. I have two elderly aunts, Auntie A and Auntie B. Unless my parents have finally got around to changing their will, they are still named as our official guardians in the event of my parents’ death. My Aunties were a part of our family when I was a child, they attended every family party or celebration, were part of Christmas, came to look after myself and my sister for a week when my grandmother died and were the first people my parents called to help when we were involved in a horrific car accident when I was ten, which incapacitated my mother for a year, at one stage all of the family were in different parts of the hospital being treated for our injuries with the aunties switching from theatre to theatre to check on our progress.

Auntie A and Auntie B were both teachers at my mother’s school which is how she came to know them. She immediately clicked with Auntie A and a lifelong friendship was born, I don’t ever remember them not being in my life. Auntie A moved in with Auntie B when she was a newly qualified teacher in the fifties and needed temporary lodgings. She never moved out. I honestly have no idea whether or not they were involved in a sexual relationship, but my instinct tells me that they were not. Schoolchildren being what they are, found out that Misses A and B lived together and constructed their own narrative, but I can honestly say, I never witnessed anything that would lead me to believe that. To a certain extent it doesn’t really matter, I’m not interested, it doesn’t affect my feelings towards them. Auntie A is probably one of the wisest and most perceptive women I’ve ever met. Over the past 60 years the aunties have done everything together, they have a lot of mutual interests, probably one of the reasons behind such a close enduring relationship, and are much loved in the local community, still attending Scottish Country dancing together in their 70s and 80s. They have travelled the world over and had an enormously full life. Auntie A once confided to me however were she to have her time again, she would have liked to have got married, that she would have liked to have had a husband and children, something that surprised me.

Now Auntie A is approaching her late 70s and Auntie B is ten years older, in her late 80s. Auntie B has increasingly been suffering health problems. Auntie A has become her full-time carer without complaint. Auntie B recently suffered a rectal prolapse which has necessitated very intimate and compassionate care. They are not in a civil partnership because neither of them want to put themselves through a ceremony that does not reflect the nature of their relationship. This means that when Auntie B dies, Auntie A will have no legal claim (not that she wants one) on Auntie B’s estate, despite having jointly contributed to the upkeep and maintenance of the house as well as the household shopping and so on for almost the past 60 years. She also has no social security rights, no tenancy rights and no right to be consulted in terms of treatment, as next-of-kin. I should imagine that being the canny ladies they are, that the correct arrangments have been made, but it seems nonsensical that Auntie A could well face a claim from Auntie B’s various nieces and nephews and could lose her house. It also seems unfair that Auntie A has no legal status. This could all be rectified with a civil partnership, but this option is not available to them as they don’t wish to formally recognise their relationship as being a same-sex one. Auntie A said that she wouldn’t put Auntie B through it and the pair of them would find it deeply humiliating and embarrassing. They don’t want it on permanent record that they were in a romantic relationship and besides Auntie A feels, it would be a lie or a sham.

This is where civil partnerships fail, because they do not give people like my aunties, or several other people, such as cousins, brothers and sisters, or platonic friends similar rights. Civil partnerships frame these relationships as only being romantic or sexual and are therefore discriminatory. But the principle of offering equal legal and employment rights to those in chaste loving relationships is a noble one, just as it is noble that whilst Catholics should not be seen to support same-sex sexual relationships, we cannot assume that all those who are in a civil partnership are necessarily indulging in sexual relationships. Though the Church of England allows its clergy to be in civil partnerships they are, technically speaking, supposed to be chaste and refrain from sex.

Civil partnerships are, excuse the pun, a b*gger’s muddle. The Church of England is in exactly the same position as the Catholic Church. Civil partnerships were seen as a compromise that served the legal needs of the gay community, but were not seen as undermining marriage as they were separate to them. The rules of democracy mean that views that are seen to be in the minority, and opposition to same-sex partnerships is a minority view, don’t hold sway. Most people were concerned that gay couples were not being treated on a par with married couples and held this to be grossly unfair. A much better solution would have been to create a legal process which meant that all couples could go to a registry office and register another person as their official next of kin. If gay couples had wanted all the extra bells and whistles there was still absolutely nothing to stop them from doing this, with a humanist minister or whatever they wanted, but civil partnerships discriminate nonetheless against those who are in a chaste relationship.

There are many arguments for keeping marriage special and according it unique status, civil partnerships should not, for example, include parental responsibility, which should remain as being the exclusive right of married couples, or put more precisely the right of children to be brought up by a biological mother and father, but done properly civil partnerships might not have undermined marriage.

The problem for both the Church of England and the Catholic Church is that neither wished to be seen to deny legal equalities and rights purely on the grounds of sexuality. The homophobe label still carries immense power, it’s Stonewall’s entire raison d’etre. Also at the time of the consultation on civil partnerships, the gay rights groups stated that they were not pushing for marriage, simply that they wanted equality.

This is one of the reasons why the CDF specifically spoke out against civil partnerships in 2003, they could see that civil partnerships were marriage by the back door – the slippery slope and that civil partnerships could very much be seen as an inferior option. Had all parties pushed harder for a wider definition of civil partnerships, then perhaps we would not be in the mess that we are in today.

In any case, it should be remembered that Archbishop Cormac Murphy O’Connor was in charge in 2003 when this was discussed. I am unable to offer comment as to what the church should or should not have done as I was not in communion with the Catholic Church at that time. I was dealing with an unplanned pregnancy and traumatic birth. Had the Church mounted a more concerted campaign, it is unsure whether or not this would have been successful, given how split the Anglican communion was over the whole issue, but the Bishops Conference was very clear in 2003, when it stated that “civil unions would not support the common good and we therefore strongly oppose them”.

Whatever else he might have said, Archbishop Nichols has stated that equality and commitment do not amount to marriage. Surely that is the main thing. Surely what matters now is sticking together to defend marriage, rather than this internecine squabbling, which does no-one any good. We are all part of one body in Christ. Wounds and divisions hurt us all.

*PS I know I will probably regret this and the internet will explode as a result. That’s the problem with trying to please everyone, you please no-one, but my loyalty lies in Christ and the Church that he founded. I am not convinced that hitching my wagon to the “church isn’t catholic enough” train is the way that I might best serve her. Don’t be too horrid in the comments.