ASSURANCES that a
candidate for the episcopate who is in a civil partnership is
living a celibate life may not be sufficient to qualify him for
appointment to a bishopric, new guidance from the Church of
England's legal office said this week.
The revised guidance on
the impact of the 2010 Equality Act on the selection of bishops
follows the decision by the House of Bishops last year to lift the
ban on celibate clergy in civil partnerships' being put forward for
the episcopate (
News, 4 January).
Like the old guidance,
the new document explains that, while it is unlawful to treat a
candidate to an office less favourably than other candidates
because of his sexual orientation or civil partnership, churches
and other religious organisations can apply requirements relating
to sexual conduct, including a requirement not to be in a civil
partnership "where that requirement is applied to give effect to
the non-conflict principle".
The guidance says that it
follows from the House of Bishops' statement in December, that
"clergy in civil partnerships who are living in accordance with the
teaching of the Church on human sexuality can be considered as
candidates for the episcopate."
It goes on to say that
"before a priest in a civil partnership can be considered for
episcopal nomination, the archbishop of the province in which he is
serving will wish to satisfy himself, following discussions between
the diocesan bishop and the clergyman concerned, that his life is,
and will remain, consistent with the teaching of the Church of
England. . . These assurances will be sought before a candidate
comes to be considered for nomination to a diocesan or suffragan
see."
But the new guidance says
that assurances that a candidate is "in a non-sexually active civil
partnership" may not be sufficient to guarantee a nomination to a
particular bishopric. The CNC, or the diocesan bishop in the case
of a suffragan appointment, would still be able to impose a
requirement that a person in a civil partnership could not be put
forward for the office concerned.
"Those responsible for
making the nomination are entitled in law to reach a judgment on
whether the fact that someone is in a civil partnership would prove
an obstacle to nomination, given the strongly held religious
convictions of a significant number of those worshipping members of
the Church of England to whom the bishop concerned would . . . be
ministering."
The advice echoes the
guidance given in cases relating to divorcees, where those
responsible for nominations are "entitled to reach a judgment on
whether marital history might prove an obstacle".
The decision by the House
of Bishops to lift the ban on celibate clergy in civil partnerships
from being considered for the episcopate drew sharp criticism (
News, 11 January); but it was defended at the time by the
Bishop of Norwich, the Rt Revd Graham James, who said: "the House
believed it would be unjust to exclude from consideration for the
episcopate anyone seeking to live fully in conformity with the
Church's teaching on sexual ethics, or other areas of personal life
and discipline.
"All candidates for the
episcopate undergo a searching examination of personal and family
circumstances, given the level of public scrutiny associated with
being a bishop in the Church of England. But these, along with the
candidate's suitability . . ., are for those responsible for the
selection process to consider in each case."