Churches can now conduct civil partnerships, but should they even be allowed to conduct weddings?

The current legal situation around marriage and civil partnership is incoherent.

The current legal situation around marriage and civil partnership is incoherent.

Since 5th December, under the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011, religious bodies in England and Wales have had the right to register same-sex civil partnerships as well as religious weddings, should they wish to do so.

This doesn't mean that same-sex couples have had the right to bang on the door of their local parish church and demand that the vicar conduct a civil union ceremony. Quite the opposite, in fact. The Church of England has made it clear that it has no plans to avail itself of the provisions. No Anglican clergy, however liberal or enthusiastic at the prospect, will be entitled to conduct civil partnerships. And I'd guess the likelihood of the Roman Catholic Bishops Conference repudiating the Pope by signing up to the scheme is vanishingly small. Some believers may have better luck. Liberal synagogues are said to be keen on the measure, the Quakers have already signed up, and the United Reformed Church has promised to consider the matter in July.

It should be clear, then, that the government has bent over backwards to ensure that religious bodies are not compelled to endorse civil partnerships, even to the extent of making life difficult for clergy who, left to their own devices, would like to do so. Yet an Evangelical Tory, Baroness O'Cathain (pronounced "Cahoin"), today forced a House of Lords debate on the issue. Her motion, if passed, would have cancelled the new regulations. In the event, she withdrew it before it reached a vote. Perhaps the tone of the debate had led her to expect a heavy defeat. More likely, in getting the subject debated she had already achieved her aim.

It's not surprising to find Lady O'Cathain's name associated with today's move. A former director of the Barbican Centre ennobled by John Major, she has long had a reputation in the Lords as a campaigner for traditional and religious values. In 2004 she attempted to have civil partnerships excluded from her native Northern Ireland (her intervention, it is rumoured, led to her departure from the board of British Airways after Stonewall threatened a boycott). The same year she opposed the legal recognition of sex changes on the grounds that "the basic proposition of the Bill is mistaken. A man cannot become a woman. A woman cannot become a man".

She also mounted a rearguard attempt in 2008 to save the ancient crime of blasphemy, on the grounds that "as long as there has been a country called England it has been a Christian country, publicly acknowledging the one true God."

Her legal worries about the impact of the new regulations are almost certainly groundless - although to be fair their drafting is sufficiently obscure to allow lawyers to have led one of Britain's most distinguished judges, Baroness Butler-Sloss, to admit during the debate that she had some difficultly understanding them. But in any case, today's debate was mostly about putting down a marker.

What really frightens campaigners of Lady O'Cathain's mindset is the government's desire to legalise full-fledged gay marriage. The current distinction between (exclusively heterosexual) marriage and (exclusively homosexual) civil partnership may be largely an artificial one but it does have significant cultural and religious implications. Many gay couples want to be allowed to call themselves married. Some heterosexual couples would prefer to live without the historical baggage of the word. To offer both types of partnership to every sort of couple seems both liberal and logical.

But not without difficulty. As long as the two are distinct, churches and other religious organisations that offer marriage can legally do so only to heterosexuals; and if they decline to offer civil partnerships to gay people they will not be available to heterosexuals, after all. There will be no discrimination involved, at least not a discrimination that would engage the 2010 Equality Act.

But as soon as marriage is open to all regardless of sexual orientation (and perhaps civil partnership too) this position becomes much harder to sustain. So too does the current distinction between civil weddings and those conducted in a church or other religious building. Something will have to give. Either marriage (and civil partnership) registration will have to become a purely civil matter, with religious bodies free to offer blessings afterwards if they so desire (that being, after all, no concern of the state). Or else, conversely, the state should remove itself from the marriage business entirely and leave it to churches and other voluntary associations to conduct ceremonies and offer pieces of paper to their members that have no more than internal or spiritual relevance. In that case the legal registration of relationships would become a purely administrative matter.

However unfounded Baroness O'Cathain's fears in this particular instance, she's right to note that the current legal situation around marriage and civil partnership is incoherent. The source of the trouble, though, is something of which she presumably approves: the role played by churches and other religious bodies in conducting and registering legally binding marriages. However normal it may seem for people to get married in church, in reality the whole process is a confusion of the proper spheres of religion and the state no less than the presence of bishops in the House of Lords.

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An unmatched font of knowledge

Edinburgh’s global reputation as a knowledge economy is rooted in the performance and international outlook of its four universities.

As sociologist-turned US Senator Daniel Patrick Moynihan recognised when asked how to create a world-class city, a strong academic offering is pivotal to any forward-looking, ambitious city. “Build a university,” he said, “and wait 200 years.” He recognised the long-term return such an investment can deliver; how a renowned academic institution can help attract the world. However, in today’s increasingly globalised higher education sector, world-class universities no longer rely on the world coming to come to them – their outlook is increasingly international.

Boasting four world-class universities, Edinburgh not only attracts and retains students from around the world, but also increasingly exports its own distinctively Scottish brand of academic excellence. In fact, 53.9% of the city’s working age population is educated to degree level.

In the most recent QS World University Rankings, the University of Edinburgh was named as the 21st best university in the world, reflecting its reputation for research and teaching. It’s a fact reflected in the latest UK Research Exercise Framework (REF), conducted in 2014, which judged 96% of its academic departments to be producing world-leading research.

Innovation engine

Measured across the UK, annual Gross Value Added (GVA) by University of Edinburgh start-ups contributes more than £164m to the UK economy. In fact, of 262 companies to emerge from the university since the 1960s, 81% remain active today, employing more than 2,700 staff globally. That performance places the University of Edinburgh ahead of institutions such as MIT in terms of the number of start-ups it generates; an innovation hothouse that underlines why one in four graduates remain in Edinburgh and why blue chip brands such as Amazon, IBM and Microsoft all have R&D facilities in the city.

One such spin out making its mark is PureLiFi, founded by Professor Harald Haas to commercialise his groundbreaking research on data transmission using the visible light spectrum. With data transfer speeds 10,000 times faster than radio waves, LiFi not only enables bandwidths of 1 Gigabit/sec but is also far more secure.

Edinburgh’s universities play a pivotal role in the local economy. Through its core operations, knowledge transfer activities and world-class research the University generated £4.9bn in GVA and 44,500 jobs globally, when accounting for international alumni.

With £1.4bn earmarked for estate development over the next 10 years, the University of Edinburgh remains the city’s largest property developer. Its extensive programme of investment includes the soon-to-open Higgs Centre for Innovation. A partnership with the UK Astronomy Technology Centre, the new centre will open next year and will supply business incubation support for potential big data and space technology applications, enabling start-ups to realise the commercial potential of applied research in subjects such as particle physics.

It’s a story of innovation that is mirrored across Edinburgh’s academic landscape. Each university has carved its own areas of academic excellence and research expertise, such as the University of Edinburgh’s renowned School of Informatics, ranked among the world’s elite institutions for Computer Science. 

The future of energy

Research conducted into the economic impact of Heriot-Watt University demonstrated that it generates £278m in annual GVA for the Scottish economy and directly supports more than 6,000 jobs.

Set in 380-acres of picturesque parkland, Heriot-Watt University incorporates the Edinburgh Research Park, the first science park of its kind in the UK and now home to more than 40 companies.

Consistently ranked in the top 25% of UK universities, Heriot-Watt University enjoys an increasingly international reputation underpinned by a strong track record in research. 82% of the institution’s research is considered world-class (REF) – a fact reflected in a record breaking year for the university, attracting £40.6m in research funding in 2015. With an expanding campus in Dubai and last year’s opening of a £35m campus in Malaysia, Heriot-Watt is now among the UK’s top five universities in terms of international presence and numbers of international students.

"In 2015, Heriot-Watt University was ranked 34th overall in the QS ‘Top 50 under 50’ world rankings." 

Its established strengths in industry-related research will be further boosted with the imminent opening of the £20m Lyell Centre. It will become the Scottish headquarters of the British Geological Survey, and research will focus on global issues such as energy supply, environmental impact and climate change. As well as providing laboratory facilities, the new centre will feature a 50,000 litre climate change research aquarium, the UK Natural Environment Research Council Centre for Doctoral Training (CDT) in Oil and Gas, and the Shell Centre for Exploration Geoscience.

International appeal

An increasingly global outlook, supported by a bold international strategy, is helping to drive Edinburgh Napier University’s growth. The university now has more than 4,500 students studying its overseas programmes, through partnerships with institutions in Hong Kong, Singapore, China, Sri Lanka and India.

Edinburgh Napier has been present in Hong Kong for more than 20 years and its impact grows year-on-year. Already the UK’s largest higher education provider in the territory, more than 1,500 students graduated in 2015 alone.

In terms of world-leading research, Edinburgh Napier continues to make its mark, with the REF judging 54% of its research to be either world-class or internationally excellent in 2014. The assessment singled out particular strengths in Earth Systems and Environmental Sciences, where it was rated the top UK modern university for research impact. Taking into account research, knowledge exchange, as well as student and staff spending, Edinburgh Napier University generates in excess of £201.9m GVA and supports 2,897 jobs in the city economy.

On the south-east side of Edinburgh, Queen Margaret University is Scotland’s first university to have an on-campus Business Gateway, highlighting the emphasis placed on business creation and innovation.

QMU moved up 49 places overall in the 2014 REF, taking it to 80th place in The Times’ rankings for research excellence in the UK. The Framework scored 58% of Queen Margaret’s research as either world-leading or internationally excellent, especially in relation to Speech and Language Sciences, where the University is ranked 2nd in the UK.

In terms of its international appeal, one in five of Queen Margaret’s students now comes from outside the EU, and it is also expanding its overseas programme offer, which already sees courses delivered in Greece, India, Nepal, Saudi Arabia and Singapore.

With 820 years of collective academic excellence to export to the world, Edinburgh enjoys a truly privileged position in the evolving story of academic globalisation and the commercialisation of world-class research and innovation. If he were still around today, Senator Moynihan would no doubt agree – a world-class city indeed.

For further information www.investinedinburgh.com