Same Sex Marriage (Church of England)

Andrew Selous Excerpts

1st reading
Tuesday 21st March 2023 Commons Chamber

[The Second Church Estates Commissioner (Andrew Selous)]

I do not intend to divide the House, but it is necessary to respond to the Bill in my capacity as Second Church Estates Commissioner because it seeks to usurp the role of the democratically elected General Synod of the Church of England, as well as to remove the freedom of the Church of England to decide its own doctrine, a freedom that members from all parts of this House champion for religions and beliefs all over the world and one that we should therefore apply equally to the Church of England.

There are passionately held and differing views about same-sex marriage on both sides of the House and I am also acutely aware of the personal pain and hurt that the issue causes for so many people, but it is for the democratically elected assembly of the Church of England, the General Synod, to decide matters of doctrine rather than Parliament. That has been the settled convention for nearly 50 years, since the 1974 worship and doctrine Measure was approved by Parliament.

At the General Synod last month, it was agreed that the prayers of love and faith proposed by the bishops would be finalised, that the pastoral guidance for clergy would be produced and that a welcoming culture towards LGBTQI+ people would be embedded throughout the church. It was also agreed not to change the doctrine of marriage and that motion was passed by a clear majority in all three Houses of the Synod. Amendments to require the bishops to bring forward proposals for same-sex marriage to the next meeting of the Synod and to revisit the issue within the next two years were rejected by the House of Bishops, the House of Clergy and the House of Laity.

The Bill proposed by the right hon. Member for Exeter (Mr Bradshaw) proposes that the decision of the Synod, arrived at prayerfully and democratically, should simply be set aside. In this House, we do not all agree with each other, but we respect everyone’s right to be here because we have all been given our mandate through the same black boxes on election night. I ask that members of this democratically elected House to show the same respect to the democratically elected members of the General Synod.

Directing the Church of England on doctrine is not the job of Parliament. It would infringe on settled principles of religious freedom, for which we argue for our sisters and brothers overseas, and it would also call into question the rights and protections of conscience for other denominations and faiths. Several Catholic members of this House came up to me after the urgent question on 24 January and told me how grateful they were that Parliament was not telling their Church what to do.

The Bill is also unnecessary, as should the Synod decide to change the doctrine of marriage in the future, it could do so. It would produce a Measure that would come before Parliament and amend the Marriage (Same Sex Couples) Act 2013. There is no need, therefore, for Parliament to act independently to change the Act.

Although the Bill is intended to be permissive and not to compel any member of the clergy to solemnise same-sex marriage, it is just not possible to leave it to individual clergy to choose to do things that are clearly contrary to the doctrine of the Church. Doctrine is not determined by local decision varying by parish or diocese, but is decided centrally, not by a small group of bishops, but through the prayerful deliberation and decision of the democratically elected Synod. If the Church lost its ability to require compliance with its doctrine, that would be a breach of the human rights convention as it would be contrary to article 9 read with article 11 for the state to interfere with a religious organisation’s ability to require compliance with its own doctrine. The Bill’s attempt to give individual freedom and choice would be unworkable and would breach the long-standing convention that Parliament does not legislate for the internal affairs of the Church of England without its consent.

I honoured my commitment to tell the General Synod the views of Parliament as expressed in the urgent question on 24 January. I know that the General Synod will continue to listen carefully and respectfully to the views of this House, just as I would ask Parliament to be respectful to the views of the Synod.

Question put (Standing Order No. 23) and agreed to.

Ordered,

That Mr Ben Bradshaw, Margaret Beckett, Hilary Benn, Sir Peter Bottomley, Sir Chris Bryant, Sir Robert Buckland, Daisy Cooper, Ms Harriet Harman, Dame Diana Johnson, Caroline Lucas, Caroline Nokes and Iain Stewart present the Bill.

Mr Ben Bradshaw accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 24 November, and to be printed (Bill 274).