Memorandum Submitted by Daniel Hill to Parliament | Church Of England | Parish

Please download to get full document.

View again

of 2
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Information Report



Views: 6 | Pages: 2

Extension: DOCX | Download: 0

Related documents
Memorandum submitted to Parliament in connection with the Marriage (Same-Sex Couples) Bill.
  Memorandum submitted by Daniel Hill (MB 95)Author:  Dr Daniel J. Hill, Secretary, Philosophy-of-Religion Study Group, Tyndale Fellowship Summary: n the light of the leading case of Tho!pson . Di#din, the $ill has the conse%uence that a parish !inister of the &hurch of 'ngland could not lawfully refuse a sa!e-se( couple ad!ission to Holy &o!!union. f this conse%uence is unintended it could easily #e re!edied #y a!end!ent. Submission: ). n the case of Tho!pson . Di#din *)+) .&. /00 1H.2.3 the Re erend &anon Henry Tho!pson, icar of 'aton in the diocese of 4orwich, refused to ad!it 5r lan $anister and the wo!an that was his wife at law, 5rs '!ily $anister, to Holy &o!!union. &anon Tho!pson6s ground for his refusal was that 5r and 5rs $anister were, in his iew, not !arried at all, #ut li ing together out of wedloc7.  The reason why he did not recogni8e the law6s iew of their !arital status was that 5r $anister had pre iously #een !arried to 5rs $anister6s sister, and &anon  Tho!pson considered that a union with one6s deceased wife6s sister could not #ea !arriage. The law of 'ngland and 9ales also held this iew until )+:;, when it was changed in the Colonial Marriages (Deceased Wife's Sister) Act  , )+:;, which was followed #y the  Deceased Wife's Sister's Marriage Act  , )+:<. &anon  Tho!pson thus considered hi!self to ha e a lawful cause to refuse ad!ission to Holy &o!!union.  lawful cause was necessary for a clergy!an legally to refusead!ission to Holy &o!!union #y the Sacrament Act )/=<, s. > 1http?@@www.legislation.go .u7@aep@'dw;@)@)@section@A33. The House of 2ords held, against &anon Tho!pson, that?t is inconcei a#le that any &ourt of law should allow as a lawful cause the coha#itation of two persons whose union is directly sanctioned #y ct of Parlia!ent and is as alid as any other !arriage within the real! 1per 'arl 2ore#urn at p. /=:3.. The Sacrament Act )/=<, s. > is still in force today, so a !inister in a parish of the &hurch of 'ngland still cannot legally refuse ad!ission to Holy &o!!union toanyone without lawful cause.0. Tho!pson . Di#din is still #inding today, so 6the coha#itation of two persons6 cannot #e a lawful cause for the refusal of ad!ission to Holy &o!!union if their 6union is directly sanctioned #y ct of Parlia!ent and is as alid as any other !arriage within the real!6.=. lthough the 5arriage 1Sa!e-Se( &ouples3 $ill !a7es considera#le pro ision for freedo! of conscience for religious !inisters in general, and !inisters of the &hurch of 'ngland in particular, it !a7es no pro ision concerning the refusal of ad!ission to Holy &o!!union.  /. n conse%uence, if the $ill is passed in its current for! it see!s certain that a parish !inister of the &hurch of 'ngland could not lawfully refuse a sa!e-se( couple ad!ission to Holy &o!!union.;. f a parish !inister of the &hurch of 'ngland unlawfully refused a sa!e-se( couple ad!ission to Holy &o!!union that !inister could #e prosecuted 1as was &anon Tho!pson3 under a &lergy-Discipline 5easure or ct in the &ourt of rches 1Pro ince of &anter#ury3 or &hancery &ourt 1Pro ince of Bor73.<. lthough parish !inisters are to so!e e(tent under the authority of the Crdinary 1$ishop3 of the Diocese, the Crdinary would not #e a#le to oer any protection at law if he supported any parish !inister6s decision in refusing a sa!e-se( couple ad!ission to Holy &o!!union.<. f Parlia!ent wishes to protect the religious freedo! of a parish !inister of the&hurch of 'ngland lawfully to refuse a sa!e-se( couple ad!ission to Holy &o!!union then it would #e easy to do so #y inserting an a!end!ent to that eect in the $ill. March 2013
View more...
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks