Last month, in the wake of UK government’s announcement that it was set to press ahead with same-sex marriage, it was reported that senior Church of England figures were deeply concerned that the legislation would ultimately force them to conduct same-sex marriages.
A piece by Ian Birrell, a former speechwriter for Prime Minister David Cameron, demonstrates why they were right to be scared.
Church leaders feared whatever safeguards might be put in place, future rulings by the European Court of Human Rights (ECHR) would obligate them to perform such ceremonies.
These fears were dismissed by Maria Miller, the minister responsible for the legislation, who responded that she didn’t believe that the ECHR would ever compel churches in this way.
Birrell’s diatribe, however, suggests that it is only the ECHR that the Churches have to fear, but the ultra-dogmatic nature of some same-sex marriage advocates.
In the course of his article, he rejects the idea that churches should be allowed refuse to marry same-sex couples.
Birrell says that “churches should no more be allowed to ban gay people from marrying in church than those who are black or disabled”.
He adds: “With luck, a rapid appeal to the European court of human rights will remove any opt-outs given to hostile religions.”
It it this attitude, from a person who has been close to the centre of Britain’s current government, that prompts the deep concern of Church leaders.
Because whatever comforting words current politicians may have for them today, these leaders know that those who seek same-sex marriage won’t be content with that. They will keep pushing until any opposition to same-sex marriage is obliterated.
There is a certain terrible logic to Birrell’s position after all. If opposition to same-sex marriage really is the equivalent of racism, then it should be treated as such by the law.
The same dynamic can be seen here. In 1997, the Government here passed the Employment Equality Act, which contained an opt-out clause, section 37, which allowed religious institutions to refuse to hire anyone who might undermine the ethos of that institution.
A mere 11 years later, in 2008, the EU suggested that this might be in breach of European equality legislation. It later withdrew this suggestion.
And only last year, just 15 years after the law came into force, Justice Minister Alan Shatter said that he intended to amend section 37, to effectively weaken the right of religious institutions to hire who they chose.