NEWS
General Assembly to examine civil partnership implications
In May 2006, the General Assembly of the Church of Scotland will be asked by the Kirk’s Legal Questions Committee to receive a report relating to civil partnerships. 
Commissioners will hear that an obvious new pressure on the Church is the reality of civil partnerships being entered into and fully recognised in law. While such partnerships cannot be entered into by persons of the opposite sex, there is no presumption in law that a sexual relationship exists where a civil partnership has been entered – an arrangement may exist between friends solely for legal and financial reasons. To some extent, therefore, it is necessary to take a neutral view of the implications of civil partnerships but, inevitably, the issue is bound to attract controversy as inferences are likely to be drawn.
In fulfilling its obligations in relation to civil law, the report suggests that the Church cannot do other than recognise the legal reality. The Kirk does, of course, have the protection of its own distinctive practice, through the independent spiritual jurisdiction in general, but it is not exempt from civil law in matters like pension rights and other patrimonial issues. The Legal Questions Committee believes that in these civil law respects, the General Assembly does not need to take any particular measures but simply requires to recognise the implications of the new legislation, for instance in relation to pension entitlement and retirement housing provision. 
A major question facing the committee was whether ministers and deacons may act in ways which would recognise the status conferred by the civil law event. There is no current expectation that civil law will devise the equivalent of a marriage ceremony and so the Church doesn’t have to consider whether ministers would become celebrants for that legal function. However, those who are religious cannot have any religious element in their civil partnership ceremony. So it is not surprising to find them turning to a sympathetic minister to provide some form of religious ceremony to mark the event. At present, ministers willingness to mark same sex committed relationships has to be packaged as an act of pastoral necessity to comply with the criteria that came from General Assembly sexuality debates in the 1990s.
The committee readily acknowledges that this is a controversial question but believes that it is important to recognise the existing freedom of pastoral conscience of ministers and deacons to guarantee that they do not face censure in the wake of providing this service. It is equally important to respect the rights of those who, in conscience, could not affirm same sex relationships, legally recognised by civil partnership. Consequently, the committee will ask the General Assembly to agree that a minister or deacon who conducts any service marking a civil partnership does not commit a disciplinary offence while also asking the assembly to agree that no minister or deacon will be obliged to conduct such a service against his or her conscience. The committee will also ask the assembly to agree that civil partners may ask another minister or deacon who is willing to conduct the service to do so if the parish minister has declined. 
The committee’s report concludes by stating that it believes that the suggested agreement which it will place before the General Assembly is permissive in tone but will protect conscience on all sides.
Ends.
Monday 20 February 2006
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