The decision to allow same-sex marriages in church will be a headache for Justin Welby

It may end up dominating the new Archbishop of Canterbury's tenure in the way that the women bishops debate has dominated Rowan Williams'.

As if he didn't have enough on his in-tray trying to sort out the mess over women bishops, the government's decision to permit same-sex marriage in church will create more problems for the incoming Archbishop of Canterbury, Justin Welby.

When his appointment was announced, Welby was widely described as being a "staunch" opponent of same-sex marriage. But he has never used the language of, say, the Archbishop of York John Sentamu, who once claimed that to allow gay couples to get married would be to "torture the English language."  Instead, during his first press conference Welby promised to "listen very attentively to the LGBT communities and examine my own thinking prayerfully." But however his own thinking evolves, the change will inevitably call into question both the unity of the Church of England and its relationship with wider society. 

As the women's bishops debate also showed, the church can't afford to get too out of step with the nation from which it takes its name.  When it does, it raises awkward questions about its constitutional status and privileges, even about what it is for. 

The Church's official position, as set out in its response to the government's consultation earlier this year, is to oppose any move towards equalisation marriage between gay and straight couples.  Even the government's initial proposals, which would have prohibited any same-sex ceremonies in religious premises, went too far for the Anglican leadership. The document claimed that the change would "alter the intrinsic nature of marriage as the union of a man and a woman, as enshrined in human institutions throughout history." 

It also made legal arguments, casting doubt on the government's distinction between religious and civil marriage and stressing the historic obligation of the Anglican priests to marry couples resident in their parish, whether they were members of the church or not.  However, the Church of England has long had an exemption when it comes to marrying divorcees, and recently acquired one in respect of transsexuals, so there's no obvious reason why it shouldn't also have an exemption from being required to perform same-sex marriages.

The real problem for the established church - and for the new archbishop - will be internal rather than external.  Instead of vicars being forced by the state to perform gay marriages against their conscience, a more likely scenario will see clergy banned by the church from following their conscience by performing them. The official statement was not universally welcomed by Anglicans.  Many, in fact, denounced it.  The liberal grouping Inclusive Church put in its own submission, describing the ability of churches to offer same-sex ceremonies "a fundamental principle of religious liberty."  It was "of the utmost importance that objections to the principle of same-sex marriages by some religious groups should not be used as an excuse to obstruct other groups from acting in accordance with their own religious views."  Giles Fraser, perhaps the Church's highest-profile liberal, declared that he was "spitting blood" after reading the "ridiculous" official response, which he thought had "all the democratic authority of a  Putin election victory."

Such views probably still represent a minority view among practising Anglicans, in contrast to the push for women bishops - which, despite the disappointing outcome of the recent Synod vote, has clear majority support inside the church.  And as that vote showed, it's quite easy for opponents of change to put together a blocking minority in the Synod.  So it's hard to see a proposal to permit same-sex marriage winning the necessary two-thirds majority in all three houses.  It's very likely that religious organisations will be allowed to offer same-sex weddings on the same terms that they can already offer civil partnerships: that is, only if the group as a whole decides to accept it.  Individual priests will not be able to make the decision unilaterally. 

The Church of England officially supports civil partnerships but, unlike some other religious groups including the Quakers and the United Reformed Church, has made no move to permit the ceremonies in its churches.  Once same sex marriage becomes widely accepted, as it surely will once the doom-laden predictions of its opponents prove unfounded, this is likely to change.  There will be increasingly vocal calls from liberal clergy to marry same sex couples.  In Denmark, the national Lutheran Church already performs same sex weddings, with exemptions for individual ministers who have an objection. Such a solution could also work in the Church of England.  But not before another almighty row between the C of E's liberals and conservatives. It may end up dominating Justin Welby's tenure as archbishop in the way that the women bishops debate has dominated Rowan Williams'.  

Justin Welby. Photo: Getty
Belief, disbelief and beyond belief
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Labour's unstoppable force meets its immovable object

Team Corbyn are confident. But so are their opponents.

If you come at the king, you best not miss. And boy, have they come at him: over 40 resignations from the opposition frontbench and a motion of no confidence in Jeremy Corbyn’s leadership that both loyalists and rebels expect to pass easily.

What happens next? The ruling executive of Momentum, the organising force behind Jeremy Corbyn’s supporters in the party grassroots, met Corbyn in his office late last night. It would be overstating it to say that the mood was jubilant but Corbyn and his allies are confident of victory in the struggle for supremacy. “Game on,” texted one senior figure. “He won’t stand down,” another told me, “He feels he owes it to the membership to let them decide.”

Within Team Corbyn, they remain convinced that the shadow cabinet “are going to war without an army”, in the words of one insider. Others are already looking forward to the policy conference of Labour and Britain’s largest trade union, Unite, where there is a chance the union may adopt a policy of supporting mandatory reselection of Labour MPs.

Are they right? Having called and spoken to party members, it is certainly clear that Corbyn’s standing among the membership is not quite as high as it once was.

But members are unclear what they want next – several mentioned Keir Starmer, although my instinct that is largely because, as one member conceded, he is still very much a “blank slate” on which the hopes of the party’s electorate can be projected. What most want is someone who would retain much of the politics but with greater competence – the Vice News documentary seems to have done more damage than the referendum on the whole – and without the thirty years in politics for the right-wing press to pick over. The difficulty is that it is hard to see a politician in the parliamentary Labour party answering to that description or even close to it. While for the rebels, finding a winner is no longer the priority, surviving a snap election in October is, loyalists in the PLP and the grassroots are either unconvinced that the result will be heavy defeat, or unconvinced that any of the replacements would do better.

The difficulty for Corbyn’s critics is, rather like Labour under Ed Miliband, although they might be the repository for people’s irritation and uncertainty, there are few making a positive choice to vote for any of the available candidates. My instinct is, if Corbyn is on the ballot, the polls might show a tighter picture, he might have a tougher time on the campaign trail that he did last time, and he might have a closer fight as far as constituency nominations were concerned, but he would ultimately win, and win easily.

That’s before you get into Momentum’s ability to expand the electorate further.  Although appearing at last night’s rally was criticised by some journalists and cost Corbyn’s team at least one frontbencher, who, while keen to avoid prolonging the fighting, didn’t want to endorse the attacks on his colleagues in the parliamentary party, ultimately the petitions in support of Corbyn and the impromptu rally have given them more data to go out and recruit people to vote in the next leadership election, more than making up for any loss of support within the party-as-it-is.

But – and it’s a big “but” – I’m not convinced that Corbyn will make it to the ballot.

The party’s legal advice, from the party’s lawyers, GRM Law, is that Corbyn will have to secure 50 nominations to make the ballot, just as any challenger will. My feeling, with MPs of all parties convinced that there will be an election in October as soon as the new Conservative leader is in place, is that pressure from activists to nominate Corbyn will be less fruitful than it was in 2015. (That said, Labour MPs are skittish.) 

The Labour leadership themselves have obtained legal advice showing the reverse from Doughty Chambers. But whichever way the NEC rules, neither side will be able to take it to the courts. Most legal professionals estimate that Labour, like a trade union or a private members’ club, is exempt. “You accept the rules of the club when you join the club,” and that’s the end of it. My impression is that the judiciary would be reluctant to get involved.

The difficulty with predicting what happens next is it brings two of Labour’s iron laws into direct conflict: Labour never gets rid of its leader, and Tom Watson always wins. And I don’t think anyone is sure which of those laws is going to end up broken.

Stephen Bush is special correspondent at the New Statesman. He usually writes about politics.