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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Brexit will hike energy prices - progressive campaigners should seize the opportunity

Winter is Coming. 

Friday 24th June 2016 was a beautiful day. Blue sky and highs of 22 degrees greeted Londoners as they awoke to the news that Britain had voted to leave the EU.  

Yet the sunny weather was at odds with the mood of the capital, which was largely in favour of Remain. And even more so with the prospect of an expensive, uncertain and potentially dirty energy future. 

For not only are prominent members of the Leave leadership well known climate sceptics - with Boris Johnson playing down human impact upon the weather, Nigel Farage admitting he doesn’t “have a clue” about global warming, and Owen Paterson advocating scrapping the Climate Change Act altogether - but Brexit looks set to harm more than just our plans to reduce emissions.

Far from delivering the Leave campaign’s promise of a cheaper and more secure energy supply, it is likely that the referendum’s outcome will cause bills to rise and investment in new infrastructure to delay -  regardless of whether or not we opt to stay within Europe’s internal energy market.

Here’s why: 

1. Rising cost of imports

With the UK importing around 50% of our gas supply, any fall in the value of sterling are likely to push up the wholesale price of fuel and drive up charges - offsetting Boris Johnson’s promise to remove VAT on energy bills.

2. Less funding for energy development

Pulling out of the EU will also require us to give up valuable funding. According to a Chatham House report, not only was the UK set to receive €1.9bn for climate change adaptation and risk prevention, but €1.6bn had also been earmarked to support the transition to a low carbon economy.

3.  Investment uncertainty & capital flight

EU countries currently account for over half of all foreign direct investment in UK energy infrastructure. And while the chairman of EDF energy, the French state giant that is building the planned nuclear plant at Hinkley Point, has said Brexit would have “no impact” on the project’s future, Angus Brendan MacNeil, chair of the energy and climate select committee, believes last week’s vote undermines all such certainty; “anything could happen”, he says.

4. Compromised security

According to a report by the Institute for European Environmental Policy (the IEEP), an independent UK stands less chance of securing favourable bilateral deals with non-EU countries. A situation that carries particular weight with regard to Russia, from whom the UK receives 16% of its energy imports.

5. A divided energy supply

Brexiteers have argued that leaving the EU will strengthen our indigenous energy sources. And is a belief supported by some industry officials: “leaving the EU could ultimately signal a more prosperous future for the UK North Sea”, said Peter Searle of Airswift, the global energy workforce provider, last Friday.

However, not only is North Sea oil and gas already a mature energy arena, but the renewed prospect of Scottish independence could yet throw the above optimism into free fall, with Scotland expected to secure the lion’s share of UK offshore reserves. On top of this, the prospect for protecting the UK’s nascent renewable industry is also looking rocky. “Dreadful” was the word Natalie Bennett used to describe the Conservative’s current record on green policy, while a special government audit committee agreed that UK environment policy was likely to be better off within the EU than without.

The Brexiteer’s promise to deliver, in Andrea Leadsom’s words, the “freedom to keep bills down”, thus looks likely to inflict financial pain on those least able to pay. And consumers could start to feel the effects by the Autumn, when the cold weather closes in and the Conservatives, perhaps appropriately, plan to begin Brexit negotiations in earnest.

Those pressing for full withdrawal from EU ties and trade, may write off price hikes as short term pain for long term gain. While those wishing to protect our place within EU markets may seize on them, as they did during referendum campaign, as an argument to maintain the status quo. Conservative secretary of state for energy and climate change, Amber Rudd, has already warned that leaving the internal energy market could cause energy costs “to rocket by at least half a billion pounds a year”.

But progressive forces might be able to use arguments on energy to do even more than this - to set out the case for an approach to energy policy in which economics is not automatically set against ideals.

Technological innovation could help. HSBC has predicted that plans for additional interconnectors to the continent and Ireland could lower the wholesale market price for baseload electricity by as much as 7% - a physical example of just how linked our international interests are. 

Closer to home, projects that prioritise reducing emission through tackling energy poverty -  from energy efficiency schemes to campaigns for publicly owned energy companies - may provide a means of helping heal the some of the deeper divides that the referendum campaign has exposed.

If the failure of Remain shows anything, it’s that economic arguments alone will not always win the day and that a sense of justice – or injustice – is still equally powerful. Luckily, if played right, the debate over energy and the environment might yet be able to win on both.

 

India Bourke is the New Statesman's editorial assistant.