Pemberton v Inwood: a note

Background

Canon Jeremy Pemberton married his long-term partner, Laurence Cunnington in 2014. The Appendix to the Pastoral Guidance on Same Sex Marriage sets out the current position of the Church of England adopted by the House of Bishops as follows:

“27.  The House is not … willing for those who are in a same sex marriage to be ordained to any of the three orders of ministry. In addition it considers that it would not be appropriate conduct for someone in holy orders to enter into a same sex marriage, given the need for clergy to model the Church’s teaching in their lives. Continue reading

Law & Religion 2016 and 2017: retrospect and prospect

Could 2017 be quite as horrible as 2016? Read on…

…and (maybe) weep

All else in 2016 paled into insignificance beside the vote for Brexit and the election of the next President of Trumpton. Needless to say, as a couple of grumpy OAPs raised in more liberal and rational times, we were not delighted at either outcome. Whether 2017 will be any better, who knows? Brexit will drag on and on, the situation in Syria will no doubt deteriorate further, Marine Le Pen might be the new President of France. Or the French electorate might have more sense and The Donald might not, after all, turn out to be as mad a box of frogs, though we aren’t holding our breath.

But apart from all that, there was quite a bit of law and religion. Continue reading

Law and religion round-up – 25th December

Evidently a week for clearing desks – including ours…

Charity and the advancement of religion

On Monday the Charity Commission for England & Wales published its decision to reject an application from The Temple of the Jedi Order to register as a charitable incorporated organisation with purposes including “to advance the religion of Jediism, for the public benefit worldwide, in accordance with the Jedi Doctrine”: we noted it here and Russell Sandberg analysed the decision in depth here. Continue reading

Leave to appeal refused in Ashers Baking

The Northern Ireland Court of Appeal has refused leave to refer its judgment in Lee v McArthur & Ors [2016] NICA 29 to the Supreme Court. Last week, lawyers for the bakery were formally refused leave to appeal the verdict to the Supreme Court. Yesterday, the Lord Chief Justice, Sir Declan Morgan, rejected the Attorney General’s attempt to invoke his powers under the Northern Ireland Act 1998 to ask the Supreme Court to rule on four devolution issues because the application was out of time. Continue reading

Law and religion round-up – 11th December

“It is my fifth topic, whatever it is called”: not so much religion this week but quite a lot of law…

Brexit (continued)

On Wednesday, the Commons voted by 461 to 89 in favour of a motion, including a Government amendment [in red], as follows:

“That this House recognises that leaving the EU is the defining issue facing the UK; notes the resolution on parliamentary scrutiny of the UK leaving the EU agreed by the House on 12 October 2016; recognises that it is Parliament’s responsibility to properly scrutinise the Government while respecting the decision of the British people to leave the European Union; confirms that there should be no disclosure of material that could be reasonably judged to damage the UK in any negotiations to depart from the European Union after Article 50 has been triggered; and calls on the Prime Minister to commit to publishing the Government’s plan for leaving the EU before Article 50 is invoked, consistently with the principles agreed without division by this House on 12 October; recognises that this House should respect the wishes of the United Kingdom as expressed in the referendum on 23 June; and further calls on the Government to invoke Article 50 by 31 March 2017.“

Continue reading

Clergy, the C of E and same-sex marriage: Pemberton v Inwood

As readers of this blog will know, Canon Jeremy Pemberton married his long-term partner, Laurence Cunnington, and Bishop Inwood – who at the time was Acting Bishop of Southwell & Nottingham –  revoked his Permission to Officiate (PTO) and refused to grant him an Extra Parochial Ministry Licence (EPML), which he needed to be able to take up a post as Chaplain in an NHS Trust in the Diocese of Southwell & Nottingham.

In Revd Canon Pemberton v Right Revd Richard Inwood (Sex Discrimination: Marital status) [2016] UKEAT 0072/16/0712 the Employment Appeal Tribunal [HHJ Eady QC, sitting alone] dismissed both the appeal of Canon Pemberton against the ruling of the Employment Tribunal and the Church of England’s cross-appeal. Continue reading

GAFCON, Lambeth I:10 and the Church of England

What will the recent GAFCON paper achieve?

The Church of England Daily Digest on 15th November provided a link to an article Christian Today/Premier concerning the release by GAFCON UK of a list of clergy known to be in same-sex relationships or who have officiated or publicly supported gay unions in the Church of England. Presented at a recent briefing to GAFCON Primates “on the situation in the Church of England regarding attitudes, teaching and practice on sexual ethics, official and unofficial”, Continue reading