In March 2009, after a disappointing court ruling on the validity of Prop 8 in California, I reflected on the advances elsewhere, and specifically on the role and impact of the churches. With the Catholic church in particular once again heavily involved in opposing marriage equality, notably in Minnesota and Maryland (where they have been successful), and in New York and Rhode Island, where the final outcomes remain unknown, I have added a brief update to the original post, which follows below. The results are in fact, encouraging.
First, a reminder of the legal position. There are now ten countries that provide full legal recognition for same-sex marriages, and a growing number more that offer virtually equivalent civil unions, or de facto recognition to same-sex couples in committed, permanent partnerships. Several of these are already committed to upgrading these to full marriage, and more will follow. Progress has come even in the face of opposition by the Catholic church – roughly half of the countries with marriage equality are also strongly Catholic (Belgium, Spain, Portugal, Argentina) or have substantial Catholic populations (Canada, Netherlands). The movement to marriage and family equality is no longer limited to Europe and North America (and South Africa), but is also gathering momentum in South America, and even in Asia.
In the US, New Hampshire approved marriage legislation as I expected in the post, but Maine took a step back by repealing the marriage bill in a popular vote in November 2009.
On the other hand, Washington voters left in place a provision for civil unions that were marriage in everything but name, and similar “near-marriage” unions have since been approved in the US for Illinois, Hawaii and Delaware – and may soon be approved for Rhode Island, and internationally for Ireland.
While Catholic bishops mount strong opposition to legislative progress on same – sex marriage, the position has changed dramatically in other denominations. As I anticipated two years ago, the Swedish Lutherans responded to their country’s legal provision for civil gay marriage with a corresponding agreement to permit religious gay weddings, in church. The Lutherans of Iceland later followed suit, those of Denmark are considering doing so, and it is entirely likely that in time, the Norwegians, Danes and Finns will too.
In the US, proposals to permit same – sex church weddings or blessings failed at the general assemblies of both the Lutherans and Presbyterians – but provisions to accept as pastors gay men and lesbians in committed relationships passed. These decisions, like last month’s comparable decision by the Church of Scotland, will increase the pressure on these denominations likewise to make liturgical provision for the public recognition of these relationships.
Even without national approval, some local dioceses and regions are going ahead, based on approval for local decision – making (or in some cases, without any approval at all, based on the personal conviction and conscience of the ministers concerned). In still other cases, some churches who find themselves unable to conduct same – sex weddings in church, are lobbying governments to approve equality for same – sex and opposite – sex couples (British Quakers, for instance), or are refusing to issue marriage licences for heterosexual weddings, to ensure that they are not involved in discrimination.
It is clear that no matter how much groups like the NOM and Focus on the Family may insist that they are motivated by religious belief, the religious argument in favour of equality and justice is gathering steam.
(The original post follows below the jump)
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In the wake of the disappointing, but expected, Californian ruling on Prop 8, it is worth stepping back and reflecting on the gains elsewhere, and especially on the impact on the churches.
It is well known how rapidly legal recognition of same-sex marriage has progressed: first in Iowa, by court order, then in rapid succession Vermont and Maine by legislative action. New Hampshire is not quite there yet, but it is likely just a matter of time – as it is in New York and New Jersey. DC has voted to recognise marriages legally conducted elsewhere, Washington has approved expansion of their civil union regime to ‘everything but marriage’, and in many other states and city jurisdictions, there have been less dramatic, incremental gains. These have been widely reported and celebrated.
One big advance, and the one that I suspect may be more important for its long term impact on the churches of the world, has drawn remarkably little attention. The day before the Iowa announcement, and drowned out of the news by the drama of developments in Iowa and New England, The Swedish parliament, with the minimum of fuss or fanfare, and the support of all the major parties, voted to make Sweden the fifth country in Europe to recognise same sex marriage. For those of us in Europe, especially if we are committed to the ideal of ever closer union, this is obviously more significant than the stop-start progress in some minor American states and cities. But I believe that the significance for all of us is substantial, particularly if we are professed Christians. Why?
In the US, and also here in the UK, the legal provisions for same sex marriage or civil unions/partnerships, where they exist, are quite specifically for ‘civil’ marriage or partnerships. Indeed, the British legislation specifically prohibits the use of religious language or premises for the ceremony; increasingly, US legislators are crafting their gains by spelling out that the legislation proposed places no obligations on religious ministers, or even staff.
The Swedish situation is quite different. The legislation quite specifically provides for legal recognition of either civil or church marriage. This has huge implications for the Swedish Lutheran Church, which until recently was the official state church of the country, with special status, even funding, in the legal system. This has changed, but the informal ties and status remain strong. So what was the response of the church? Did they start weeping and wailing and gnashing their teeth? Did they lament the moral decadence of the country? Did they offer grudging toleration, with ifs and buts to demand a right of opt-out? None of the above. a final decision awaits a full synod later in the summer, but the provisional, formal response was that the church would understand and ‘excuse’ any pastor who, as a matter of conscience, felt s/he could NOT preside over same-sex weddings. That’s right – the special consideration and understanding goes to those who are opposed: the default position, by Sweden’s major church, is to take in their stride same-sex marriage conducted in church. Unless I have wildly misread the situation, this is likely to be the standard position after the synod later this year.
This will have important ripple effects, notably elsewhere in the EU. Pressure for marriage equality will undoubtedly continue to spread across the EU, particularly in Western Europe. When (not if), equality reaches Germany and Austria, the German Lutheran church, and also the German and Austrian Catholic churches, will have to consider carefully their position. All of them have special state recognition and funding. Even in advance of legislation, just the prospect of pressure for marriage, is forcing the churches into hard tactical consideration – faced with an emerging gay marriage lobby, the Portuguese Bishops proposed civil partnerships as a compromise solution – thus embracing the very proposal that there English counterparts strongly opposed a few years back.
In the English-speaking world, the troubles caused to the Anglican Communion (which includes the Episcopalians) by disputes over homosexuality are well known. But while skirmishing continues, it is clear that over the longer term view, the tide is clearly turning in the direction of greater acceptance. The continuing expansion of legal recognition of civil marriage across the USA is already forcing more and more individual pastors, and local jurisdictions, into fresh consideration of their own stance – and an increasing minority are coming down on the side of at least blessing, and possibly solemnizing, these unions in church. Every synod season sees new debates on these. Where there is not yet victory, the margins of defeat are generally narrowing.
For me, the most heartening aspect of this, is the increasing number of reports I am seeing of sincere religious clergy of goodwill, who have found themselves prayerfully re-examining scriptures, theology and church history in search of guidance – and concluding that established church strictures against homosexuality are without scriptural foundation, and misguided. (The recently released survey of ‘mainline protestant clergy’ attitudes to SSM has some fascinating figures on this).
There is no longer any doubt: marriage equality is spreading steadily across the world, and across the US. As it does so, the churches will increasingly be forced to grapple with, and re-examine, their own beliefs. In doing so, many will reverse long-standing opposition to same-sex relationships, and see the value of recognising commitment, whatever the orientation or gender of the partners.
The Catholic church will be behind the trend – but will not resist indefinitely. Here, too, truth will triumph in the end.
Same Sex Marriage: coming (soon) to a church near you – but not yet to a Catholic parish.
