The Civil Partnership Act 2004, Same-Sex Marriage and the Church of England

2006 ◽  
Vol 8 (38) ◽  
pp. 289-306 ◽  
Author(s):  
Jacqueline Humphreys
Keyword(s):  
Conceptual Understanding ◽  
Church Of England ◽  
Married Couples ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Current Conception ◽  
Same Sex Couples ◽  
Civil Partnership ◽  
Practical Effect ◽  
The Church

The Civil Partnership Act 2004 enables same-sex couples to enter into a status that provides very many of the same rights and responsibilities that married couples have in respect to each other and the wider community. This paper first considers the extent of the legal similarities between civil partnerships and marriage; that is to what extent civil partnerships are 'same-sex marriage' in practical effect. Secondly it considers to what extent the conceptual understanding of civil partnerships within the Act reflects the current conception of marriage within English law; that is the extent to which civil partnerships are 'same-sex marriage' in theory. Thirdly, and finally, some of the specific dilemmas for the Church of England in the light of this are considered.

scholarly journals The Church of England and Same-Sex Marriage: Beyond a Rights-Based Analysis

2019 ◽  
Vol 21 (2) ◽  
pp. 153-178 ◽  
Author(s):  
Charlotte Smith
Keyword(s):  
Human Rights ◽  
Pastoral Care ◽  
Church Of England ◽  
Institutional Response ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
The Church ◽  
Apparent Conflict ◽  
Do So

Some scholars, faced with the apparent conflict between the Church of England's teaching on marriage and the idea of equal marriage embraced by the Marriage (Same Sex Couples) Act 2013, have focused on the implications of that Act for the constitutional relationship between Church, State and nation. More frequently, noting the position of the Church of England under that Act, academics have critiqued the legislation as an exercise in balancing competing human rights. This article by contrast, leaving behind a tendency to treat religion as a monolithic ‘other’, and leaving behind the neat binaries of rights-based analyses, interrogates the internal agonies of the Church of England as it has striven to negotiate an institutional response to the secular legalisation of same-sex marriage. It explores the struggles of the Church to do so in a manner which holds in balance a wide array of doctrinal positions and the demands of mission, pastoral care and the continued apostolic identity of the Church of England.

scholarly journals Same-Sex Marriage and the Catholic Church in Europe. Any Chance for Understanding?

2021 ◽  
Vol 66 (2) ◽  
pp. 267-281
Author(s):  
Elżbieta Kużelewska ◽  
Marta Michalczuk-Wlizło
Keyword(s):  
Eastern Europe ◽  
Natural Law ◽  
Catholic Church ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
The World ◽  
Catholic Religion ◽  
The Church ◽  
The Catholic Church

Abstract There is room for everyone in the Catholic Church, but there is no consent for same-sex marriage in that Church as marriage only between a baptized man and a woman is a sacrament. Same-sex marriage is inconsistent with the Holy Scripture where marriage is based on God’s natural law. This official Scripture’s interpretation results in lack of possibility to reconciliate the official teaching of the Church with the recognition of same-sex marriage. The world is moving forward and so are the opinions of Christians and their growing support for same-sex marriage. Such marriage is recognized in thirty states worldwide, including states with dominant Catholic religion. Regardless the official teaching, the Catholic Church’s position is not uniform. The paper discusses the official interpretation of the Scripture concerning homosexuals, analyses the position of the Catholic Church toward same-sex marriage and indicates differences in Christians’ attitudes with respect to same-sex couples in Western and Eastern Europe.

Worship and Liturgy

2018 ◽  
Author(s):  
Mark Hill QC
Keyword(s):  
Church Of England ◽  
Same Sex ◽  
Holy Communion ◽  
Same Sex Marriage ◽  
Church Policy ◽  
The Church

This chapter focuses on worship and liturgy in the Church of England. It first considers the form of liturgy used by the Church of England before discussing the performance of regular services in the Church. It then examines Church practice with regard to baptism, confirmation, confession, and holy communion including reservation of the sacrament. It also explains the Church policy with respect to holy matrimony, with particular emphasis on marriage by banns and by licence, superintendent registrar's certificates as a means of authorising a wedding, solemnisation of marriage, marriages in chapels, further marriage of divorced persons, and same-sex marriage. The chapter concludes by analysing how the Church conducts burials and funerals and looking at other church services such as daily offices, visitation of the sick, and exorcism.

Governing Body of the Church in Wales

2013 ◽  
Vol 16 (1) ◽  
pp. 83-86
Author(s):  
Philip Morris
Keyword(s):  
Presidential Address ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Review Group ◽  
Governing Body ◽  
Same Sex Couples ◽  
The Church ◽  
Do So

In his April Presidential Address the Archbishop focused on two issues: the Report of the Review Group chaired by Lord Harries and same-sex marriage. His concern with the Review is that ‘it is possible to get so bogged down or hung up on some of the details of the Provincial Review that there is a danger in dismissing all of it because one disagrees with some of the points it makes’. He regretted that churches with ordained clergy ‘have been tempted to assume that all ministry is vested in an omnicompetent professional minister’ and reminded his listeners that the basic sacrament of the Church was not ordination but baptism. His concern with the Marriage (Same Sex Couples) Bill was that clergy who would not conduct same-sex marriages needed protection, yet the Church itself needed to be allowed to conduct such marriages if it decided to do so in future. He felt that the Church ‘needed to have a discussion as to whether we want to continue having this special status in law as far as marriage is concerned’.

10. Civil Partnership Act 2004

2019 ◽  
pp. 92-94
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
Third Parties ◽  
The State ◽  
Legal Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Civil Partnership

This chapter discusses the scope of the Civil Partnership Act 2004 (CPA 2004) which came into force on 5 December 2005 and the formation of civil partnerships. It outlines civil partnership and same-sex marriage under The Marriage (Same-Sex Couples) Act 2013. It also explains the differences between civil partnership and marriage. The CPA 2004 enables same-sex couples to form legally recognized civil partnerships. Once a partnership has been formed, civil partners assume many legal rights and responsibilities for each other, third parties, and the State. It does explain that adultery, however, is not a fact to establish the ground for dissolution of a civil partnership as it is in marriage.

10. Civil Partnership Act 2004

Family Law ◽  
2020 ◽  
pp. 92-94
Author(s):  
Roiya Hodgson
Keyword(s):  
Third Parties ◽  
The State ◽  
Legal Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Civil Partnership ◽  
Opposite Sex

This chapter discusses the scope of the Civil Partnership Act 2004 (CPA 2004) which came into force on 5 December 2005 and the formation of civil partnerships. It outlines civil partnership and same-sex marriage under The Marriage (Same-Sex Couples) Act 2013. It also explains the differences between civil partnership and marriage. Once a partnership has been formed, civil partners assume many legal rights and responsibilities for each other, third parties, and the State. It does explain that adultery, however, is not a fact to establish the ground for dissolution of a civil partnership as it is in marriage. The Civil Partnership (Opposite-sex Couples) Regulations 2019 are also outlined.

scholarly journals What's in a Name Case? Some Lessons for the Debate Over the Free Movement of Same-Sex Couples Within the EU

2016 ◽  
Vol 17 (3) ◽  
pp. 421-449 ◽  
Author(s):  
Martijn van den Brink
Keyword(s):  
Married Couples ◽  
Case Law ◽  
Free Movement ◽  
Same Sex ◽  
Member States ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
The Eu

This Article engages the debate over the free movement of same-sex couples and explores what can, and should, be learned from the case law on the recognition of names. These “name cases” provide valuable lessons for both the proponents and opponents of same-sex marriage recognition. These cases show, first, that Member States are under the presumption to recognize marriages performed in other Member States. This Article also considers the importance of the national and constitutional identities of the Member States and suggests that there remains a possibility that Member States may justify the non-recognition of a marriage or deprive same-sex couples of some of the rights heterosexual married couples benefit from. The Article explores how the EU is confronted with a federal clash of values and offers some suggestions on how to solve this clash.

Implications of Obergefell for Same-Sex Marriage, Divorce, and Parental Rights

2018 ◽  
pp. 7-30 ◽  
Author(s):  
Nancy J. Knauer
Keyword(s):  
Civil Rights ◽  
Married Couples ◽  
Supreme Court Decision ◽  
Parental Rights ◽  
Same Sex ◽  
Nontraditional Families ◽  
Same Sex Marriage ◽  
State Laws ◽  
Same Sex Couples ◽  
Domestic Partnerships

This chapter examines the implications of the landmark US Supreme Court decision Obergefell v. Hodges for same-sex marriage, divorce, and parental rights. Heralded as one of the most significant civil rights victories in recent memory, Obergefell had an immediate impact on the lives of same-sex couples by providing uniform and nationwide access to both marriage and divorce. It ended a confusing patchwork of state laws, some of which recognized same-sex marriage and some of which prohibited not only same-sex marriage but also domestic partnerships and civil unions. Obergefell also ensured that all same-sex married couples would be eligible for federal benefits regardless of where they lived. The longer-term effects and applications of Obergefell remain unclear, especially with respect to parental rights. In addition, Obergefell has ignited a backlash of religious exemptions law and concern remains that marriage equality may further marginalize nontraditional families and those who choose not to marry.

scholarly journals JUSTIFIABLE DISCRIMINATION: THE CASE OF OPPOSITE-SEX CIVIL PARTNERSHIPS

2017 ◽  
Vol 76 (2) ◽  
pp. 243-246 ◽  
Author(s):  
Andy Hayward
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Civil Partnership ◽  
Public Expression ◽  
Unusual Position ◽  
Opposite Sex ◽  
English Law

OPPOSITE-SEX couples are prohibited from forming a civil partnership. Following the introduction of same-sex marriage, the Civil Partnership Act 2004 was not extended to opposite-sex couples, resulting in the unusual position that English law permits same-sex couples access to two relationship forms (marriage and civil partnership) yet limits opposite-sex couples to one (marriage). This discrimination was recently challenged in the courts by an opposite-sex couple, Rebecca Steinfeld and Charles Keidan, who wish to enter a civil partnership owing to their deeply-rooted ideological opposition to marriage. Rejecting marriage as a patriarchal institution and believing that a civil partnership would offer a more egalitarian public expression of their relationship, the couple argued that the current ban constitutes a breach of Article 14 read in conjunction with Article 8 of the European Convention on Human Rights.

scholarly journals Blessing Same-Sex Unions in the Church of England: The Liturgical Challenge of Same-Sex Couples’ Demand for Equal Marriage Rites

2019 ◽  
Vol 17 (2) ◽  
pp. 148-167
Author(s):  
Rémy Bethmont
Keyword(s):  
Church Of England ◽  
The Other ◽  
Same Sex ◽  
Same Sex Couples ◽  
Other Hand ◽  
Narrow View ◽  
Starting Point ◽  
The Church

AbstractThose Anglican Churches that have opened marriage to same-sex couples have done so from a liturgical starting point which makes space for the eschatological vocation of marriage. Such liturgies are arguably more congenial to same-sex couples’ demands for equal rites. The Church of England, on the other hand, has clung to services underpinned by a narrow view of marriage as a creation ordinance. It may be well-suited to the established Church’s legal duties but it means that the present demand for the inclusion of same-sex couples into Christian marriage represents a greater challenge. Equal rites, however, need not exclude the view of marriage as a creation ordinance. Interviews with four Church of England clergy who have been involved in same-sex ceremonies allow an exploration of the kind of marriage services that would meet same-sex couples’ demands and offer insights about what these demands say about the English marriage service today.

Sign in / Sign up

Export Citation Format

Share Document