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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As long as Jeremy Corbyn's Labour opponents are divided, he will rule

The leader's foes have yet to agree on when and how a challenge should take place.

Labour MPs began plotting to remove Jeremy Corbyn as leader before he even held the position. They have not stopped since. From the outset, most regarded him as electorally and morally defective. Nothing has caused them to relinquish this view.

A week before the first major elections of this parliament, Labour found itself conducting a debate normally confined to far-right internet forums: was Hitler a Zionist? For some MPs, the distress lay in how unsurprised they were by all this. Since Corbyn’s election last September, the party has become a mainstream venue for hitherto fringe discussions.

Many MPs believe that Labour will be incapable of rebuilding its standing among the Jewish community as long as Corbyn remains leader. In the 1930s, Jewish support for the party was as high as 80 per cent. “They handed you your . . . membership just after your circumcision,” quipped the father in the 1976 television play Bar Mitzvah Boy. By the time of the last general election, a poll found that support had fallen to a mere 22 per cent. It now stands at just 8.5 per cent.

Corbyn’s critics cite his rejection of anti-Semitism and "all forms of racism" (as if unable to condemn the former in isolation), his defence of a tweet sent by his brother, Piers (“Zionists can’t cope with anyone supporting rights for Palestine”), and his description of Hamas and Hezbollah as “friends”. The Lab­our leader dismissed the latter remark as a diplomatic nicety but such courtesy was not displayed when he addressed Labour Friends of Israel and failed to mention the country’s name. When challenged on his record of combating anti-Semitism, Corbyn frequently invokes his parents’ presence at the Battle of Cable Street, a reference that does not provide the reassurance intended. The Jewish community does not doubt that Labour has stood with it in the past. It questions whether it is prepared to stand with it in the present.

MPs say that Labour’s inept response to anti-Semitism has strengthened the moral case for challenging Corbyn. One shadow cabinet minister spoke of how the fear of “enormous reputational damage” had pushed him to the brink of resignation. As the New Statesman went to press, Corbyn’s first electoral test was looming. Every forecast showed the party on course to become the first opposition to lose council seats in a non-general-election year since 1985. Yet Corbyn appeared to insist on 3 May that this would not happen, gifting his opponents a benchmark by which to judge him.

Sadiq Khan was projected to become the party’s first successful London mayoral candidate since 2004. But having distanced himself from Corbyn throughout the race, he intends to deny him any credit if he wins. Regardless of the results on 5 May, there will be no challenge to the Labour leader before the EU referendum on 23 June. Many of the party’s most Corbyn-phobic MPs are also among its most Europhile. No cause, they stress, should distract from the defence of the UK’s 43-year EU membership.

Whether Corbyn should be challenged in the four weeks between the referendum and the summer recess is a matter of dispute among even his most committed opponents. Some contend that MPs have nothing to lose from trying and should be prepared to “grind him down” through multiple attempts, if necessary. Others fear that he would be empowered by winning a larger mandate than he did last September and argue that he must be given “longer to fail”. Still more hope that Corbyn will instigate a midterm handover to the shadow chancellor, John McDonnell, his closest ally, whom they regard as a beatable opponent.

Those who are familiar with members’ thinking describe many as “anxious” and in need of “reassurance” but determined that Corbyn receives adequate time to “set out his stall”. One shadow cabinet minister spoke of being “caught between Scylla and Charybdis” – that is, “a Labour Party membership which is ardently Corbynista and a British electorate which is ardently anti-Corbynista”. In their most pessimistic moments, some MPs gloomily wonder which group will deselect them first. The possibility that a new Conservative leader could trigger an early general election is cited by some as cause for haste and by others as the only means by which Corbynism can be definitively discredited.

The enduring debate over whether the Labour leader would automatically make the ballot if challenged (the party’s rules are ambiguous) is dismissed by most as irrelevant. Shadow cabinet members believe that Corbyn would achieve the requisite nominations. Momentum, the Labour leader’s praetorian guard, has privately instructed its members to be prepared to lobby MPs for this purpose.

There is no agreement on who should face Corbyn if his removal is attempted. The veteran MP Margaret Hodge has been touted as a “stalking horse” to lead the charge before making way for a figure such as the former paratrooper Dan Jarvis or the shadow business secretary, Angela Eagle. But in the view of a large number of shadow cabinet members, no challenge will materialise. They cite the high bar for putative leaders – the endorsement of 20 per cent of Labour MPs and MEPs – and the likelihood of failure. Many have long regarded mass front-bench resignations and trade union support as ­essential preconditions for a successful challenge, conditions they believe will not be met less than a year after Corbyn’s victory.

When Tony Blair resigned as Labour leader in 2007, he had already agreed not to fight the next general election and faced a pre-eminent rival in Gordon Brown. Neither situation exists today. The last Labour leader to be constitutionally deposed was J R Clynes in 1922 – when MPs, not members, were sovereign. Politics past and present militate against Corbyn’s opponents. There is but one man who can remove the leader: himself.

George Eaton is political editor of the New Statesman.

This article first appeared in the 06 April 2016 issue of the New Statesman, The longest hatred